Parasites at the Harvest

Farmer class. That’s a term a friend of mine likes to use to distinguish between those born with a smog lined, city slicker spoon in their mouths and those born doing menial but hard labor in the fields. According to him, farmer class folks are very grounded since to a farmer, life begins and ends with the ground beneath them. They put in seed and their harvest emerges. Their livestock survives on plants grown out of that very same ground.

You know who else is a member of the farmer class? A giant entity whose girth is so wide that it cannot see the parasites clinging to its feet. Having planted the seed of efficient products and services, this giant Farmer has harvested a large subscriber base that is almost equivalent to this country’s population. I am one such subscriber.

I was minding my own business on a lovely Sunday afternoon earlier this month, when I got an unsolicited message that I had been subscribed to who-knows-dastardly-what to receive what-the-heck-kind-of-nonsense-are-these type of text messages. For the princely sum of Kshs 10 per message. Then the messages started coming in. Two days later, I threw my toys out of the cot, took screenshots of the messages and posted them on X (the artist formerly known as Twitter) asking the Farmer’s people to unsubscribe me.

This is where it gets interesting. I had never signed up for the what-the-heck-kind-of-nonsense-are-these messages. I had neither given permission to the Farmer to give out my number to a third party, nor had I permitted a third party to charge me for a service I had not signed up for. The Farmer’s agent on X responded within minutes. God bless their cotton socks. They were briefly apologetic.  God bless their very briefly apologetic cotton socks. Then they clambered onto a high horse. “We do not share our customer’s details to a third party without their knowledge. You can stop the subscriptions here (link was provided) while on mobile data, data charges will apply.”

In a typical Kenyan, passive aggressive manner, this agent had essentially called me a veritable dunce, ignoramus and cretin combined. The agent was categorically stating that a third party had my details after I had given authority for those details to be shared. But I had not. I had never. What’s worse, this agent wanted me to use my  own resources to unsubscribe from what I had not subscribed to.

Not surprisingly, up in the horse air, the agent on X was unable or unwilling to demonstrate where my contract with the Content Service Provider (CSP) had been signed or opted into by myself.

Firstly, this behaviour is unconscionable  conduct as per section 56 of the Competition Act of Kenya. Subsection 3 of that delightful section provides that a person shall not impose unilateral charges and fees if the they have not been brought to the attention of the consumer prior to their imposition or prior to the provision of that service. Subsection 4 goes further to protect me by saying that a consumer shall be entitled to be informed by a service provider of all charges and fees, by whatever name called or described, intended to be imposed for the provision of a service.  But Farmer and their CSP are clever since they did inform me that they would be charging me when they sent me the original unsolicited Sunday afternoon text.

And yet, I never signed up. So maybe I could seek protection elsewhere. Under section 36 of the Data Protection Act (DPA) 2019, a data subject like me has a right to object to the processing of their personal data unless the data holder can demonstrate a compelling legitimate interest for the processing which overrides my interests. Aha! The DPA goes further in section 37 to say that a person shall not use, for commercial purposes, personal data obtained unless the person has sought and obtained express consent from the data subject. The key word here is “express consent”. Which I hadn’t given.

I responded to the agent that I was not going to go to anybody’s site to unsubscribe and certainly not using my personal time nor resources to do it. Farmer should remove it. Even before I had began researching all the legal infractions that Farmer was undertaking, poof! I got a text message that the subscription had been deactivated. I hadn’t told the agent what my number was. They seemed to know. Somehow.

I know I am not the only one being unwittingly and unwillingly hogtied over an abusive barrel. I just wonder how many millions of shillings are at play here in the name of unidentified, unsolicited and unprovoked subscription services levied by parasites feeding at the Farmer’s trough. Have you checked your mobile phone bill lately?

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Twitter/X: @carolmusyoka

 

To Tip Or Not To Tip

A tip is defined as a bonus, a little extra, a bit extra, a present, a gift, a reward or an inducement.  About 25 years ago I lived in the United States (USA) for two years. In those days, if you went to a restaurant where you dined in, the unspoken role was that you left a tip of at least 10% of the bill. At that time, wait staff at restaurants were paid below the minimum wage at the time which was about $5.50 an hour, and that they were expected to make up the difference in tips. The result was that you would typically get really friendly waitstaff who were knowledgeable about the menu, quick to serve and who would ensure that your dining experience was pleasant.

Last month a work assignment had me back in the USA and we were eating out most evenings. I got schooled a good one at the university of character development. Tipping is no longer unspoken. It is blatant, in your face and, in some cases, forcefully added onto your bill. At one restaurant where three of us were eating, the bill for the food came to $108. Added to the bill was a gratuity of 18% or $19.44 and a food tax of $9.18 coming to a grand total of $136.62. At the bottom of the bill was a “Tip Guide” that stated 20% = $23.44, 22% = $25 and 25% = $29.30. I smiled. What was the point of the tip guide, if the restaurant had already decided, arbitrarily I might add, on how much tip to include in the bill? Our waitress at this restaurant had been flat, taking our orders perfunctorily and with a plastic smile that was dropped as soon as she turned on her heel to go to the kitchen.

Look, I have no issues tipping for good service. But I like to feel that it is a voluntary exercise, one that I do to thank and reward someone for exceptional service which I do often. Everywhere we went, the bottom of the menus and the food bills had tipping guides, with the minimum being 18% and the highest being 25%. You had an option to pay higher than the guide, at your own discretion. At one hotel room I stayed at, I found a sticker on the mirror with a bar code for guests to scan in order to tip the housekeeping team. This I thought was quite a useful gesture to appreciate the unseen service providers who kept our rooms clean daily. But I had to do some research on how the tipping culture had evolved. It turns out that it has statutory origins. Under USA federal law, the minimum wage for employees who also earn tips is $2.13 an hour while those who don’t earn tips should earn $7.25.

Quite simply, the US had legislatively shifted the onus of paying employees in bars and restaurants to consumers rather than to the establishment owners.  Each consumptive interaction in these establishments is a real time performance review of the staff, which concludes with a financially defined and payable rating. The beneficiaries of this arrangement are the establishment owners, as they are assured of self-motivated good service delivery from their waitstaff and bartenders.  It is a strange tripartite contract where the consumers become part of the remuneration contract.

I dined with a Kenyan professional who had gone to school and then worked in the US for the last twenty years. As I wrinkled my nose at yet another bill that turned up with a recommended tip for the waiter, she laughed and said that as a student in Boston, she had worked at a high end restaurant at the city’s ocean front. At one particular Mother’s Day lunch, she had made $700 in tips alone. “Service with a smile” she said, chuckling. She had quickly learnt how to raise her service game by attending to the needs of diners quickly, being genuinely friendly and, she said with a wink, always praise the children to the mothers even if they are veritable brats!

As an East African native, this 18-25% tipping thing is a tough one to swallow especially when a restaurant takes the liberty of making payment of gratuity mandatory by including it in the bill. It left a bad taste in my mouth because we were made to specifically pay for sub-par service. It has also redefined my perception of what genuinely good service means. It is the one that comes from someone who wants to serve well because they care, rather than the one who has to serve well to survive.

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Twitter: @carolmusyoka

Government Response to Protecting Our Diaspora

A couple of weeks ago, I wrote about how Indians have been diaspora workers since the 19th century and it was only a century later that the Indian government decided to put in the guard rails to protect migrant workers. The Emigration Act, 1983 provides a regulatory framework for emigration of Indian workers for contractual overseas employment by seeking to safeguard their interests and ensure their welfare. I then probed our own Kenyan government policy, questioning whether there was a cohesive, deliberate and strategic approach to this valuable human capital asset that addresses our youth bulge.

I didn’t figure that the folks at the social media renamed Republic of Taxmenistan head office were reading. They were. The good (and now immediate former) Principal Secretary Labor and Skills Department, Mr Geoffrey Kaituko reached out to educate me on exactly what efforts the government was making towards Kenyan emigration. First off the bat is the requisite strategy. This has been articulated in a Global Labor Market Strategy 2023-2027 document. It is a very well researched piece of work that first maps the employment and dire unemployment state of the nation. It then clearly articulates what the Kenyan labor brand is distilled into nine key points around good education, good internet, language proficiency, ideal geographic location, professionalism, entrepreneurship, vocational skills, a well trained workforce and religious diversity.

It then maps the areas globally that attract immigrant labor and self-assesses the challenges faced by the government in providing a coordinated approach to funneling the supply side in Kenya to the global demand side focusing on twelve countries in Africa, North America, Europe and the Gulf States with details as to what their human capital needs are. It’s actually a pretty good analysis of the scope of the problem.

The bridal accompaniment to the bride groom’s strategy is a National Policy on Labor Migration 2023. This is essentially a road map to which government agencies need to work together to provide a cohesive solution. Once you get past the ten million acronyms that can fill a Qatar Airways Boeing 777 flight to Doha, you get an understanding of why this has been quite a difficult task to achieve. First off, I now got to understand the hue and cry behind the passport delays, and why secret messages were flying around of which passport office in which county could deliver faster than the other. The Department of Immigration plays a central role in allowing migrant workers to get the first document that will enable them to even be considered. The National Employment Authority (NEA) is a second critical institution as it undertakes the licensing of private employment agencies. If you want to know whether the company your sending your application to is legitimate, there is a portal on the NEA’s website to check. In a television interview the good Principal Secretary confirmed that there are 599 licensed agents.

I sauntered over to the website to see who these agencies were. The website provides a link to a Kenya Migrant Workers (KMW) page with all these details. I clicked on the link and my laptop went berserk. A huge warning sign popped up telling me that the site may be impersonating the real KMW page to steal my personal or financial information and that I should skedaddle the heck out of there. I did. So let’s just say that if you’re willing to wear a digital coat of armour, you can try looking for the agencies yourself.

Other notable players are Ministry of Foreign Affairs which protects migrants workers firstly by creating Bilateral Labor Agreements with the Kingdom of Saudi Arabia, Qatar and the United Arab Emirates. It has also signed one for healthcare professionals with the United Kingdom. The reason why the PowerPoint strategy deck I mentioned above had the 12 countries identified is because the government is in negotiations with at least 11 of them for bilateral labor agreements. Good people, things seem to be moving on the surface.

Finally the strategy and the national policy give birth to the Labor Migration Management Bill 2023 which has been tabled before Cabinet. It is a pretty decent attempt to bring order to Kenyan migration.  A key element of the draft bill is a statutory approach to registration, monitoring and deregistration of employment agencies. There is also a detailed pre-departure procedure for foreign employment aimed at protecting the workers from jumping into the unknown.

In addition, the Bill provides for a Kenyan Migrant Workers Welfare Fund to provide protection and assistance to workers such as medical benefits, invalidity, funeral grants, repatriation of workers dead or alive, help fund legal disputes amongst other things. Very noble objectives. If they are executed. We wait and watch with bated breath, Titanic deck chair reshuffling notwithstanding.

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I have a boda boda guy

I was recently in Kampala on a training assignment and one of the participants had left one of her devices at home. As many of you 21st Century connectivity addicted netizens know, being without a device is tantamount to a slow, painful, internet starved asphyxiation. But, she had a guy. We all have a guy, but she had hers on speed dial and he has full access to her house. Actually his access extended to her bedroom where the device unforgivably sat on her bedside table and he called her victorious with its discovery. Within 20 minutes of zipping through the metallic sludge that is Kampala traffic, her guy delivered the gadget. “So why does this guy have access all the way to your bedroom?” I asked. “I trust him. He does all my errands for me. Food shopping. Picking up dry cleaning. Depositing cash in the bank. I don’t know what my life would be without his excellent service,” she replied, almost irritated that it was not so obvious.

Another participant who was part of the conversation jumped in. “I don’t know what mothers would do in this town without their bodaboda guys. Mine goes to the uniform shop to buy swimming caps when the school calls me to say my child has forgotten to bring hers again. He goes to the shops and buys vegetables, even when I don’t have the money to send to him at the time, because he knows I will repay him later in the evening.  He has picked my children from school when I am delayed somewhere due to work,” she said reflectively. She then paused and let out a quiet laugh. “These bodaboda guys give us loans, are our drivers and our domestic affairs assistants. What would we do without them?”

This is a completely unintended consequence of the unspoken policy decisions in both Kenya and Uganda. Policies that encourage the growth of this ubiquitous and unregulated transport option that provides much needed employment for youth in the two countries where the youth bulge is a clear and present socio-economic danger. Originally envisaged to provide transportation solutions, many of the more reliable bodaboda riders have evolved to become trusted errand runners in both Uganda and Kenya and a critical cog to middle class urban lives. Let’s park that fact for a minute.

What do the American Fortune 500 companies such as Alphabet (Google’s parent company), Microsoft, Starbucks, Adobe, Novartis and IBM have in common? They are all headed by chief executive officers of Indian descent. Sundar Pichai  at Alphabet, Satya Nadella at Microsoft, Lakshman Narasimhan at Starbucks, Shantanu Narayen at Adobe, Vasant Narasimhan at Novartis and Arvind Krishnan at IBM. These are just a few examples of the curious phenomenon that 10% of the Fortune 500 companies are headed by CEOs of Indian descent.

According to the United Nation’s World Migration Report published in 2022, India had the highest number of people living abroad. Apparently about 17.9 million people who were born in India were recorded to be living outside the country. Being an English speaking country with a highly competitive education system it is no wonder that Indian immigrants will assimilate faster into the American professional economy and excel in some cases, after all cream always rises to the top. All this without any Indian government intervention or involvement save for the issuing of the original passport that got those individuals out of the country in the first place.

Interestingly enough though, the Indian government does have a legislative framework for its emigrant workers which is primarily aimed at protecting the unskilled labor that fills the worker camps in the Gulf states. The 1983 Emigration Act specifically exempts professionals who have degrees and diplomas and is focused on ensuring that recruitment agencies are registered and regulated to protect uneducated citizens seeking employment abroad from avaricious and unscrupulous agents (something we can painfully learn from in our very own sun kissed Kenya).

The bodaboda phenomena in East Africa has yielded a working class of youth that have transformed many homes of the riders and their customers in ways that were not imagined by the respective governments. The education system in India has churned out millions of highly talented, English speaking workers that have thrived outside of the country and are making their mark in the global economy. In both situations, it is in spite of rather than because of government policy. Imagine what would happen if governments gave as much attention to labor as a natural resource as they do to oil and other minerals?

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Twitter: @carolmusyoka

Black Tax

Decades ago, I did not go to Alliance. I did however attend the University of Nairobi’s law school where I met those very few who went to Alliance, sharing in the rarified air of their intellectual presence. Mosocho was my classmate and together with about 160 others, we were one of the pioneers of the government’s new increased student loan system. The system gave us direct cash amounting to about Kshs 7,000 per academic year as well as about Kes 42,000 indirectly which was remitted to the University instead to pay for our tuition. To be honest, I blew my “boom” as it was fondly referred to on the good life. The very soft life of a university student who needed clothes to look good and money to party. Mosocho, I later came to discover in my second year of university, was an orphan and was the eldest of six siblings. He used his boom to pay their fees throughout our time at campus.

Mosocho was my first unknowing encounter with the concept of “Black tax”. The term originated in South Africa and is defined by Investopedia as the financial burden borne by Black people who have achieved a level of success and who provide support to less financially secure family members. The monetary transfers are made by middle class and wealthy black people to relatives who are struggling to make ends meet. Investopedia further explains that the term not only defines the movement of funds, but more importantly includes the toll that it takes on the financially able family member who may be unable to build wealth in the same way as their White peers who don’t share the same financial obligations.

Historical racial injustices aside, Black tax is actually a continent wide phenomenon. Due to the high unemployment rates and economic disparities for most Africans, we endure Black tax under almost daily circumstances. From paying school fees for siblings, cousins and village mates to paying for hospital bills, rent, funeral expenses and daily subsistence for relatives, friends and former colleagues. Unless you live in an African Mars equivalent, you have to have paid Black tax in some shape or form in the last month.

Consequently, this is one of the leading determinants of the slow growth of African middle class wealth as there are multiple, unbudgeted financial pressures on largely static incomes. While it is virtually impossible to quantify the amounts paid locally, a more visible manifestation of Black tax is apparent in the form of diaspora remittances. In sub-Saharan Africa, the top five recipients of remittances in 2021 were Nigeria at US$ 19.2 billion, Ghana at $4.5 billion, Kenya at $3.7 billion, Senegal at $2.7 billion and Zimbabwe at $2.0 billion.

The more illuminating numbers are the ones that show just how impactful those dollar inflows are to the local economies. According to the World Bank press release, the top three sub Saharan countries where the value of remittance inflows as a share of GDP is significant are the Gambia at 27%, Lesotho at 23% and Comoros Islands at 19%. The senders of those remittances may or may not have achieved the middle class dream of owning their homes and living debt free. But they do partake (whether willingly or unwillingly) in the African spirit of Ubuntu which recognizes that the individual exists in a microcosm that is actually part of a larger community thus cannot survive without helping others.

Unfortunately it is this very concept of Ubuntu or its Swahili equivalent “utu” that leads to the insidious social fallout of Black tax. Diasporans have numerous nightmarish stories of money sent to close relatives to buy plots or construct homes which are only bought or built in the lofty corridors of the sender’s mind. Frequently the recipient diverts the funds to other personal uses. One frailty of the human condition is to confuse charitable largess with entitled, guaranteed income and consequently view the socially respected “rich” relative as a perpetual ATM. The subsequent family fallout is usually as spectacular as watching migrating wildebeest cross the Mara river. It never ends well for some.

The government’s push to Kenyans to seek more jobs abroad is an indirect way to ensure that this key source of attractive foreign exchange grows thereby diversifying our reliance on agricultural exports for global currency. Meanwhile, Mosocho became a very successful lawyer and is currently a senior partner at a leading law firm. Black tax does get its just rewards!

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The Contrarian Thinker

In October 2016, I wrote an article recalling the 2013 apocalyptic movie World War Z, which is not a movie for the faint hearted. The movie is about a fast moving infectious disease that turns people into zombies once bitten by another zombie. So how does a country protect itself from a contagion in this highly interconnected world? The main character in the movie travels to Israel, which he had been reliably informed had prepared itself for a contagion by building a wall around Jerusalem ten days before the contagion struck, wiping out cities around the world. He meets with an Israeli government official who explains why they had taken the pre-emptive strike of building a wall. Following Hitler’s Jewish concentration camps, the 1972 kidnapping and massacre of 16 athletes at the Munich Olympics as well as witnessing and ignoring the Arab troop movement October 1973 that eventually led to the Yom Kippur War, they decided to make a change. If nine people came to the same conclusion about a strategy, it was the duty of the tenth person to disagree. No matter how improbable it may seem, the tenth man had to start working off the assumption that the other nine are wrong. Having discussed the possibility of a contagion at a council meeting and dismissing its probability of reaching Israel, the government official was the tenth man who put in place the wall to prevent zombies from coming in. You have to watch the movie to see if his strategy worked and parental advisory is strongly advised!

Yosef Kuperwasser, who used to head the Research Division of the Israeli Intelligence Directorate, provides insights into this critical Israeli way of strategic thinking in his 2007 Analysis Paper titled Lessons From Israel’s Intelligence Reforms:

“The devil’s advocate office ensures that AMAN’s intelligence assessments are creative and do not fall prey to group think. The office regularly criticizes products coming from the analysis and production divisions, and writes opinion papers that counter these departments’ assessments. The devil’s advocate office also proactively combats group think and conventional wisdom by writing papers that examine the possibility of a radical and negative change occurring within the security environment. This is done even when the defense establishment does not think that such a development is likely, precisely to explore alternative assumptions and worst-case scenarios.”

When I wrote that piece, Covid-19 was not even a concept but the world had witnessed SARS and Ebola. The silver lining in the horrific Covid-19 cloud is that we now have a real life experience to base any strategic discussions we make in our board rooms. “What can go wrong” are four words that must emerge from the designated contrarian in the room. The contrarian or “black hat” wearer plays an important role in strategy discussions because they are given the task of deliberately poking holes in such a way as to force management to not only articulate the possible risks in a strategy, but to conceptualize the mitigations that should be put in place. The string of moribund, crumbling hotel skeletons in Kenya’s north and south coast beaches are a sad reminder of a hospitality industry that once looked to the global north for tourists.

Following the Likoni clashes in 1997 and the bombing of a south coast hotel favored by Israeli tourists, not to mention the 2007 post-election violence, foreign tourists slowly petered out. It took these systemic shocks for the few “woke” hotels to realize that an increasing middle class base in Kenya would be the perfect steady and reliable tourist choice all year round. Business, conferencing and leisure tourists from Kenya and Uganda were always under the coastal hotel industry’s nose, but had been studiously ignored as they didn’t carry the much cherished dollar bill. The hotel owners had simply never asked: what could go wrong?

Today, a visit to some of the popular resorts tells a different story. The hotels are full of locals, who have been afforded the luxury of an affordable experience packaged exclusively for them using a variety of affordable road, rail and air transport options. A new zombie though has emerged in the name of Air BnB and its attendant cousins. You see, the zombies never end. What’s happening in the coastal hotel industry must always be a reminder to the rest of us in other industries to stay woke. When contagions or business disruptors come, they never send an advance calling card.

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Twitter: @carolmusyoka

Governance At Your Doorstep Part 2

Last week, I wrote about the role of resident associations in our lives. The vast majority of urban dwellers today live in a community of some kind, be it apartment blocks, maisonettes or town houses. I closed off my piece by asking how could the Mexican standoff that I narrated, between a vacating tenant, a landlord who had not paid the resident association fees and the management company been avoided? By finding a lasting legal solution to the phenomena that I call “Developers Bait And Switch”. Utopia Ltd is a housing development company that plans to put up one hundred units on a beautiful piece of land overlooking one of the Rift Valley lakes. As housing units are scarce here and the design plans promise the mythical marital legend of happily ever after, several potential buyers make bids for off plan purchases. Prices for off plan purchases are usually a long Sportpesa bet, fraught with performance risk that the developer will actually build and conclude the project. The hope is the buyer will have actual appreciation of value as the price by the end of construction will more often than not increase due to the conclusion of performance risk.

Utopia promises cabro roads within the estate, lighting on the streets, a borehole to service the residents and a connection to the local authority’s sewer line. Buyers fall in love with the concept and purchase off plan units. They get baited by the images and sweet talking purr of the sales team. One year later, Utopia delivers the properties. Without cabro roads. Without street lights. And with a piddling bio digester that can’t absorb even the total amount of crap that the developer is telling disgruntled buyers. Over and above this, Utopia’s lawyers transfer the sub leases to the master title to the buyers. But Utopia fails to transfer shareholding in the company that owns the master title. So that buyers have ownership of their individual units but no evidence of their communal ownership of the whole land. The “switch” has happened: promise heaven and deliver hell.

In this scenario, the only option that buyers have is to sue the developer in their individual capacities. Since they are not shareholders of the company that owns the master title, they do not have the legal vehicle that could have been used to communally hold the developer to account and sue for compensation. Bait and switch tactics are extremely common in the real estate industry and the only recourse gullible buyers have is to sue the developer either for completion of the project (good luck with finding that fellow lounging at the Mauritian coast sipping a cold beer bought with your money) or for a refund of funds paid (again, please check out the Mauritian coastline).

Anyone can be a developer. It’s an unregulated hustle. What gets regulated is the construction standards, the noise and environmental impact standards, the engineering standards and most construction related professional services by the relevant statutory authorities such as the National Construction Authority, National Environmental Management Authority etc. However, promises to provide boreholes, street lights or sewer connections do not seem to be regulated. Thus Utopia Ltd can simply pack up, shed their snakeskin and morph into another cobra ready to strike a new group of unsuspecting buyers. Rinse and repeat.

But all plans have to be filed at a County office in order for building approvals to be given. It starts there. Utopia Ltd and its individual directors should never be allowed to put up another development if it’s messed up before. Occupation certificates for housing projects should never be issued unless what was promised and submitted for approval has been certified as completed. Developers are not being held to account in any shape or form outside the courtroom where they’ve been taken to either by unsatisfied buyers or even more unsatisfied bankers seeking to enforce the judgement debt for defaulted payments on the development loan.

The road to home ownership hell is littered with the good intentions of innocent home buyers and paved with the greed as well as laziness of bad developers. Is there an opportunity to develop a law requiring new (and previously penalized) developers to issue performance bonds to buyers? Can our county offices ensure that the promises made to innocent buyers are fulfilled? Maybe only in utopia.

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Twitter: @carolmusyoka

Founderitis

The Bethlehem Businessman

In this Easter period of reflection, it struck me for how long human beings have been running governments and doing business. Take for example the Biblical story of Jesus’ birth. His parents lived in the village of Nazareth and as luck would have it the Roman government of the day, led by Caesar Augustus, demanded for a census to be held over all Roman occupied territory.

This was not about resource distribution to counties, constituencies and wards. It was quite likely a Roman government move to establish the scope of taxable revenues from colonized domains. Joseph, being the head of the home and a descendant of the house of King David, had to travel south with his very expectant wife to their native home in Bethlehem, “shags” as we would call it here. Bethlehem, according to Google maps, is a good 150.9 kilometres away via the Yitzhak Rabin Highway or Route 6 taking an expected one hour and 58 minutes in 2023. Well it took weeks in those days.

Arriving hot, dusty and exhausted beyond belief, Joseph looked for shelter. Now this is what I found interesting. There were inns in those days, as in places for travelers to sleep overnight. Which means that people used to crisscross the country for various reasons back in the day, be it trade, census or perhaps leisure? After all, Bethlehem is about 30 kilometres from the Dead Sea, a place that could likely have been a great tourist attraction.

But I digress. Even though Bethlehem was Joseph’s native home, it would appear that there were no relatives that could give him a place to sleep. Or maybe the relatives had relocated over the years to brighter lights and bigger cities. Whatever the case, the inn was full and the only shelter that the innkeeper had that could be safe for an expectant mother and deeply worried father was the animal pen next door. The innkeeper was all about finding simple solutions to complex problems. But the long term thinking he should have been having by this time was the need for expansion.

I give this story as last week someone asked me on Twitter when does a micro business start to think about governance structures. The answer to this question is the classic non-answer: it depends. Governance structures are usually put in place to ensure that stakeholder interests are equally monitored and protected. Stakeholders are many in a business and don’t necessarily rank equally in the need for monitoring and protection. They include shareholders, employees, suppliers, customers, the taxman and regulators. All these stakeholders have different demands on the organization and, commensurately, different levers that they can pull to get their demands met.

For a microbusiness, survival is the primary objective of the founder. The Bethlehem innkeeper, for instance, just needs to ensure he gets enough business to keep his doors open and feed his family. Revenues don’t feed families, profits (revenue minus costs) do. As business grows, he needs employees to clean the rooms, cook the food if he has a dining room and serve the guests. He has to pay suppliers of the food, the cleaning materials and whatever else is needed to keep the inn running smoothly. Caesar Augustus has his Kanjo representatives probably hounding the innkeeper for a business licence, a music license, a parking license for guest’s donkeys and then the Roman Revenue Authority officer also comes around every now and then to get income tax.

If he has borrowed from the local shylock to build more rooms, then the shylock is added to the growing list of stakeholders whose needs are to be monitored and protected. The innkeeper can manage all of this by himself, until he cannot. Eventually he will have to hire a manager and, as his business expands, managers.

As he gets older he has to take a step back from the business and appoint a general manager to run the business while he provides oversight. By this time, if the business is still surviving, it cannot be regarded as a microbusiness anymore. Growth and expansion should have taken it into a small or medium sized business. That is how a governance structures begin to set in as all the stakeholders, including the founder and his family want to ensure the business continues to survive beyond the founder. A board, whether advisory or statutory, would help provide the necessary governance oversight beyond the aging innkeeper’s capacity.

Have a restful Easter break.

[email protected]
Twitter: @carolmusyoka

Founderitis

Slide Into My DMs Correctly

If you are under 30 years of age and wondering why no one is responding to your emails, texts or social media side bars, you may want to read this. If you are over 40 years of age, please turn over the page and read the next column. This is not for you.

A few Sundays ago, I was chilling out attending Bedtime Baptist when someone slid into my LinkedIn direct messaging. I don’t typically surf LinkedIn on Sundays as it tends to be very business centric. But Saint Curiousity was the choir master at Bedtime Baptist that morning so something made me click on the notification.

This is the verbatim message I found on the notification from Mwagodi Chacha (not his real name): “Kindly, consider for opportunity when or if available. Regards David.”

I was confused. The notification said Mwagodi Chacha, but the message was signed off by David. He was not in my network, but he was a connection once removed, meaning he was connected to someone in my immediate network. I typically don’t respond to strangers, but it was a Sunday and Saint “A Communication Intervention Is Needed” was the assistant choir master.

David or Mwagodi was asking for some kind of help. But I didn’t know what it was. So against my better judgement, I decided to engage him. I wrote back and asked him what it is or who was it that I should be considering and also what opportunities was he referring to? Also, was he David? Why did his profile call him Mwagodi Chacha then? Finally I advised him that when communicating to a total stranger he needed to be concise and clear in order to be taken seriously. To his credit, he responded fast:

“Okay my apologies. Management Consulting. Am David Mwagodi Chacha. Sorry for bothering you.”

He had taken my advice to heart about being concise. Too concise. I decided to advise David on this platform as there are many like him (again, I remind you that his real name is not being used here before the boy child protection brigade lands on me). I must also confess that anyone who starts a sentence with “am” instead of the grammatically correct “I am” tends to leave me gasping for air at the nitpicking lights.

David: I take it you’ve sipped from the “Shoot your best shot” cocktail glass. You probably topped it with a “You miss 100% of the shots you don’t take” rosemary garnish. But what they didn’t tell you is that you typically have one shot at making an impression. Communicating with a high level of impact is what gets the door opened and lets you into the room. People who you want to notice you, want to know who they are dealing with and why.

“Hello Carol, my name is David Mwagodi Chacha. I am reaching out to you because you are in the same high school as I was” or “because we are in the same industry”, or “because I saw you speak at the Marketing Society of Kenya Christmas Dinner.” Essentially David, establish the connection as to why I am a draw to you and where our connection lies. Otherwise I get the sense that you have sent two hundred of these messages and hoping one of them will land in an interested inbox. You can then continue thus, “I am a management consultant working at my own firm and I am looking to collaborate with you,” or “I work at XYZ firm and I am looking for employment opportunities as your firm is an innovative trailblazer in the same industry.” David, I need context on what it is that you do  and where you think I can help you exactly. A little flattery on being a trailblazer also helps to gently stroke a bored ego, but not too much that one can see through BS smoke.

Finally, a sign off that lets me know what your unique value add is might help me from tossing your message into the garbage can: “Carol, I know that my skill in  consumer research using quantitative methods is one that you could use to add value to your consumer goods industry engagements. Could we begin a conversation?” This would make me know that you have done some credible research on what it is my own firm does. No one wants to be just a number, even someone you are approaching for help. David keep it short, keep it specific and make me feel unique. Just like you would with a girl you want to ask out for a date. Wishing you the very best.

[email protected]

Twitter: @carolmusyoka

https://www.carolmusyoka.com/founderitis/

Sights and Sounds of Chennai Again

I recently went on a visit to Chennai, in India’s south eastern coastal state of Tamil Nadu. This is a city I have travelled to a number of times and I never cease to marvel at how the city of eleven and a half million people continues to keep its motorized traffic moving. Buses, private cars, thousands of tuktuks and motorcycles fill the streets where, as my travelling companion aptly summarized, lanes are simply a suggestion. In the five days of moving around, we never found a single motorcycle accident where sporadically helmeted riders of both genders zip around the vehicular obstacle course with some carrying entire families. For a population that is generally friendly and very helpful in personal interactions, there is a complete attitude change once they get on top of or behind the wheel of their chosen motorized options. An inexplicable aggression sets in, drivers and riders alike unapologetically claiming their space in the invisible lanes while miraculously managing to avoid colliding into each other.

We chose to use tuktuks to move around, as they are the easiest to find and the cheapest mode of transport. Tuktuk drivers and motorcyclists had their phones perched precariously above the steering bars, with no apparent fears of phone snatchers. It took a while for us to get comfortable using our phones in the tuktuks as we were Kenyan conditioned to keep such devices far from the reach of our own notorious phone snatchers. The penny dropped on the relative safety when we observed that women wore gold everywhere. And I mean everywhere. As gold is a cherished store of value in India, we observed that even female fruit vendors on the streets wore gold necklaces and earrings and were comfortably going about their business without any concerns about petty criminals relieving them of their possessions.

Having found myself in the city also known as Madras, I took advantage of one of India’s proudest offerings: medical facilities. The hospital I chose to go to is one of India’s leading private facilities where cutting edge medical technology such as robotic surgery has been pioneered. This is not a puff piece about the depth of my wallet. On the contrary,  it is the price of medical access that is mind boggling. To access best in class doctors and surgeons whose professional acronyms next to their names can fill a Tata truck, the consultation charge is a flat cost of INR 1,500 or KES 2,250. No matter which surgeon it is. No matter how long he or she has been in practice.

I chose to do an elective procedure under the hands of a specialist whose very appearance would likely have him arrested and thrown into sartorial jail by a Kenyan medical board. Inside his tight little office where the walls were lined with happy birthday banners and Christmas tinsel, he had a box of chocolates and toffees on the floor that he asked me to help myself to. He had a shock of long unruly hair whose uncombed loose curls bounded unencumbered down the nape of his neck. His shirt was open halfway down his chest, revealing a thick gold chain struggling for recognition between his greying chest hairs. But his bohemian, Croc-sandal-wearing appearance, belied a sharp mind and mastery of his subject matter while his warm, gentle eyes were the last thing I saw before drifting into anaesthetic slumber. I wanted him to be my family doctor for life.

Look, this is a business newspaper and the last thing I need is a rap on my knuckles from my editor about gushing over my doc crush. But it must be said that there is a reason why many Kenyans continue to flock to India for medical treatment. My procedure cost a quarter of what I would have paid for it in Kenya including theatre and specialist consultation charges.

The Kenyan medical fraternity have tried to throw a few obstacles in the path of those Kenyans seeking treatment in India, for instance the requirement to have a release letter from a Kenyan doctor as a prerequisite to getting the Indian medical visa. I can see why they would want to protect their own turf and unfettered feeding trough. Chinua Achebe proverbially stated, in his epic tome Things Fall Apart, “Eneke the bird says that since men have learned to shoot without missing, he has learned to fly without perching.” Kenyans will continue to (pun intended) flock to India in the droves, for as long as the price of best in class medical access remains within the reach of their cost weary pockets. Let me brace for the backlash impact sure to be received from my Kenyan medical friends!

[email protected]

Twitter: @carolmusyoka

Coca Cola Legacy

In 1886, an Atlanta pharmacist called John Pemberton invented a drink that still remains a global acclaimed refreshment: Coca Cola. It would appear that he was only good at creating rather than selling since it was only to be found initially at soda fountain machines in a few Atlanta drug stores. A more business savvy pharmacist called Asa Candler recognized the potential in the soft drink and bought the formula from Pemberton. Like the good businessman that he was, Candler established a sales force and undertook massive advertising. By 1910 Candler had overseen the creation of a franchised bottler universe with 370 bottlers enrolled by that time. By 1916, due to the drink’s great popularity, there were 153 imitation brands. This had led to the formula for the Coca Cola syrup, with a secret ingredient known as Formula 7X, to be stored in a vault at the Trust Company of Georgia.

The hawk eyed management at the Trust Company of Georgia smelt a winner stored deep within the bowels of the building’s vault. In 1919, Ernest Woodruff, the president of the Trust Company of Georgia announced to his board that the company was going to purchase the Coca Cola Company from the Candler family. The Candlers were given $15 million in cash and $10 million in preference stock earning 7% interest per annum. The rest as they say, is history. I pulled this story out of a Harvard Business School case study titled The Board of Directors at Coca Cola Company authored by Lorsch, Khurana and Sanchez. It makes for fascinating reading as it details the metamorphosis of the board from one that was tightly managed by Ernest and his son Robert, to one that is now made up of professionals and accomplished business leaders.

More importantly, the key takeaway for me was the fact that the Candler family moved out of active management of the company as early as 1919 and became monetary beneficiaries through their shareholding. As a founder, you start off your business with vigour, vision and vitality. You create a product or provide a service that your customers love and become accustomed to. You employ staff who deliver the same and, in some instances, do it even better than you. You build an organization that is a contributor to the economy and a cog in the community in which it operates. Then you find that your adult children are not interested in managing the business. You get shocked. You descend into an existential crisis. After all didn’t you work hard to ensure that you provided for your family through the dividends of the business which is an extension of your very person?

You struggle to imagine that your head of operations, who exhibits all the right leadership competencies to manage the business, will manage the business in the event you get knocked over by a bus or succumb to an illness. It should be your daughter or your son at the driver’s helm rather than an employee, you think.

Founder transition needs to be top of mind for any entrepreneur from the first day they start the business. Start by asking yourself if you are building a business that is attractive to external buyers or one that your management team can buy themselves. In a world where human aspirations are dynamically shifting, we have to be alive to the fact that we will be lucky if our children will even be interested in spending a single day in the business that has fed, clothed and educated them for most of their privileged lives. But there is neither a social contract that requires them to take over nor a likelihood that they will be the best managers of that business.

However there is nothing stopping founders from developing a mindset shift about how to reap in absentia from where they have sown. In the Candler family example, the family were bought out of the majority in the business, but remained as shareholders and had a seat on the board of the Coca Cola Company until the mid-eighties when the grandson of Asa Candler was finally elbowed out due to age. The new owners of the business in 1919 had grown the company into the global giant that it currently is and generations of the Candler family would appear to have continued to reap what Asa Candler sowed. That was Asa’s legacy to his family. What will yours be?

[email protected]

Twitter: @carolmusyoka

https://www.carolmusyoka.com/founderitis/

Courageous Conversations With Entrepreneurs

Gated communities provide their occupants with a comforting sense of security and safety in numbers. They can also be the cause of major angst resulting from locking human beings with varied tastes into the confined space of a pressure cooker. Add to that the cold and sterile wastelands of Whatsapp estate group chats and you have the makings of a social train smash. I live in one such gated community. There are dog owners and there are dog haters in not so equal measure in this community. House number X has a dog that chooses to make its presence known only during the magic hours of 10 pm through to about 2 a.m. and singularly drives the neighbor nuts in adjacent house number Y. But this is where it gets interesting. House number Y usually posts his annoyance on the estate Whatsapp group with a not so gentle “House Number X please get your dog to stop barking” at about 10 pm, followed by an exhausted “What the “%$^&” is wrong with your dog and its incessant barking?” at about 2 a.m.

For whatever reason, house number Y has never seen it fit to just go over to house number X wearing sack cloth and asking for release from whatever calamitous curse has been levied on him by that dastardly dog owner. Instead the Whatsapp messages just keep getting posted week after week with no evidence that there has been an attempt at one on one dialogue. The frustrated house number Y tenant is just speaking to himself. Every day and twice on Sunday.

Recently my work has had me helping medium sized family owned businesses set up advisory boards, which is a step below statutory boards whose directors adorn legally borne fiduciary duties. Observing the first conversations with newly appointed advisory board directors, what always strikes me is the amazement on the faces of the business founders. This amazement often emerges from the realization that there are individuals who have significant amount of work experience totally unrelated to the business in question, but which experience can add value in terms of seeing around dark corners that the entrepreneur has been totally blind to. Those initial conversations are often very rich as the entrepreneur gets asked questions about strategy, financial performance, operational risks that she had not even envisaged but have always been lurking below the surface, brand perception, sales assumptions and many other key business parameters. The only entity that ever asks some of these questions is the entrepreneur’s bankers and these questions are more motivated with “how will you repay our loan” rather than how can you grow your business sustainably while de-risking it responsibly.

For the entrepreneur, having talented individuals seated round a table with no other motivation than to see her succeed can be quite illuminating. Having gotten used to speaking to herself every day and twice on Sunday, it is refreshing to have considerable brain power to bounce ideas off of and to have people who can pull her off the edge of a cliff when she’s at the end of her tether.

One such entrepreneur told me that she appreciated her new advisory board as they provided much needed encouragement when she had started to get tired of the everyday hum drum of the business. Having grown the business to a certain level of stability, she needed a new challenge. The board had managed to point her to a new business opportunity that she had never thought of, while ensuring that she had the appropriate levels of senior management resources. The senior set of guard rails in the business would allow her to divert her attention to something different that would suck a lot of her intellectual capital and time bandwidth. That strategic focus on setting up a well-paid and highly experienced human capital side of the business is something she had not thought of doing before as she was used to having her hands on all parts of the business actively.

For entrepreneurs, it is not only lonely at the top but it can also be terrifying as their business is central to both their life and to their sheer survival. Courageous conversations are rare because there’s simply no one to talk to. Not even on a crisis tone deaf Whatsapp group. An advisory board is an effective way to getting much needed intellectual relief from the curse of daily business loneliness. Every day and twice on Sunday.

To gain more insights on how to set up an advisory board for your business, register for the Founderitis Program here: https://www.carolmusyoka.com/founderitis/

[email protected]

Twitter: @carolmusyoka

www.carolmusyoka.com

 

Are you suffering from FOUNDERITIS? We have the cure. Come learn with us this November!

Founderitis is a special one and a half days governance program designed for founders and owners of small to medium sized family businesses to help them unpack and appreciate the role played by an advisory board and equip them with the knowledge of how to set up an advisory board from scratch. The program incorporates exercises and real time feedback from the facilitator and peers to help the participants embed the learnings.

The highly interactive training offers the following:

  • Preparation for the formation of governance structures
  • Insights on recruitment and selection of advisory board members
  • Powerful networking opportunities and interaction with peers and founders of family-owned business
  • Experiential and discussion-based learning

Program Dates:

  • 7th & 8th November 2022

Venue:

  • Sarova Panafric

Price:

  • KES: 68,500/= plus VAT

Register Here:

https://www.carolmusyoka.com/founderitis/

 

Communicating With Impact _ July 2022 Edition _ Come Learn With Us!

Greetings!

We hope that you are keeping well.

Communicating With Impact program is a program for senior executives who want to reinforce their presence and impact in the boardroom and the workplace. Through a number of powerful individual exercises that focus on self-awareness and communication over the course of two days, you will emerge an effective speaker so that you can make a substantial difference in your leadership role.

Please watch the attached one minute video to get a good idea of why you, a colleague or friend should sign up for the upcoming July 2022 physical edition.

Our charges are Kes: 75,000/=  or US$: 680/= + VAT. 

To sign up, please follow this link: https://www.carolmusyoka.com/communicating-with-impact/ and get ready for a complete mind set shift!

No Human Is Limited

In the early hours of Sunday October 31st 2021, a Covid era, muted version of the renowned Standard Chartered Nairobi Marathon was launched at the Carnivore grounds. My running colleague and I arrived at the starting point at about 05:40 hours navigating in the dark through a green t-shirted sea of humanity that was walking, cycling, wheelchair pushing or jogging to the starting point. The breaking dawn air was thick with a palpable community of sporting purpose and the Covid phantom could not suppress the general camaraderie that Kenyans share at large events where tribe, race and economic stature are completely irrelevant.

The event was well secured with resources from the police as well as a private security firm. All security parties had been given a brief that was well executed: no one could enter the general vicinity of the starting point without a wrist band that was only issued to verified, Covid-19 vaccinated participants.

As earlier mentioned, I was with a colleague who is an accomplished runner for pleasure, so he had signed up for the 21km half marathon. The way the marathon works is that the elite professional runners [read the serious guys who do this for a living and run a kilometre in the time it takes you to inhale one sip of your favourite double cappuccino) line up right at the front of the starting block and the amateur runners stand at the back. Once the starter’s gun went off, the 21km runners left and I distinctly recall standing with my mouth agape as I saw the wizened face of a little old lady, quite likely aged 74 to 76 years with beige colored headscarf loosely tied on top of her head heading off with the amateur runners. Later, as we post-mortemed our way through the event, my colleague told me the old lady blasted past him about 15 minutes into the 21km race and he never saw her again. Yoh!

And that is what made me put pen to paper about this event. There were so many epic Eliud Kipchoge inspired “No human is limited” moments that I came away from the function completely awed. Let me begin with the stars of the show, the elite 42km runners. It’s one thing watching those guys and girls on the television screen. It’s another seeing them on the opposite side of the road gliding past you in formation, sweat glinting off the faces set rigid with determination and backs ramrod straight. It is actually a marvel to observe as I recently started running about a year ago and getting past the chest burning, hips and knees caving, foot arches exploding physical conversation with yourself is a herculean task. As I had done a pathetic excuse of a pre-marathon training [read, I started and stopped but foolishly decided to do the marathon anyway] I was pretty much doubled up in poor posture, legs shuffling all over the tarmac but rabidly determined to jog my way without a single walking step on the 10km that I had signed up for.

About 3 kms into the race, the route looped back and I could see the 10km runners ahead of me now on the opposite side of the road. My second jaw dropping occasion was seeing the Stanchart Kenya CEO, Kariuki Ngari trail blazing his way with the amateur 10Km pack, not breaking a sweat. A few metres behind him was the Stanchart Kenya Board chairperson, Kellen Kariuki, running while comfortably chatting with another participant without losing a single breath at a time I was struggling to mentally formulate a basic ‘Why the hell am I doing this race?’ sentence!  It’s important to put this into context: Kellen was my senior at Citibank when I first started working in the banking industry and Kariuki was my senior at Barclays when I joined the institution back in 2003. There they were both ahead of me, not on the professional career track but on the Southern Bypass tarmac, running effortlessly and royally waving at me like the very Queen herself causing me to realign my mental mind maps on exactly what professional seniority meant.  I straightened my back one inch, determined to show them that we were together. I almost fell on my face doing it. But I can speak without fear of contradiction, that was a CEO and Board Chair leading from the front.

Last Sunday’s marathon was a true testimony to the resilience of the human spirit, and the great community of runners of all races, ages, fitness levels and genders who came together to push their mental and physical limits. The wheelchair participants who raced pushing the wheels, many of whom did not use gloves, were incredible in their tenacity. The whole event was a marvel to both watch and participate and a stark “Kipchogean” reminder of that no human is limited.

[email protected]

Twitter: @carolmusyoka

Stand Out Professional Program _ October Edition _ Come Learn With Us!

Are you a young professional starting out your career or entrepreneurial journey and are wondering how to navigate your way around?

Join us this October in our premier workshop for The Stand Out Professional Program, a three module seminar that aims to equip and enhance the participants awareness on how to be effective and influential leaders in the current and future workforce.

The Program will help you to:

  • Improve your level of self-awareness
  • Communicate impactfully with peers and managers
  • Uncover your value proposition as a young professional or entrepreneur
  • Expand your potential to grow into impactful leadership roles relevant for the future workforce

Program Dates:

  • Modules 1 & 2: 1st October 2021- In-person
  • Module 3: 6th October 2021- Virtual
  • Finale: 13th October 2021- Virtual

Price:

USD 230 or KES: 25,000/= plus VAT 

Registration Form:

Contact Us:

For further details, please drop us an email at: [email protected] and get ready to be both enthused and educated!

Automated Parking, Automated Stress

A few weeks ago, I stopped by a local shopping centre on a Saturday morning to pick up an item from a specialist shop in the building. Now, I don’t particularly like shopping at this centre as it has very poor parking and has singlehandedly and detrimentally altered the traffic patterns in the area. So I wasn’t aware that there was a new virtual sherriff in town. Ten minutes after I had parked outside the building and was perusing the item I wanted to purchase in the shop, I received a text message on my mobile phone telling me “Dear Motorist, KB****Z parked at Ngong Road has not paid for parking. Dial *647# to pay Kes 200.00 within 15 minutes.” Look, I was not on Ngong road. I was however, within spitting distance of it. I was scared out of my random shopping wits and told the shop assistant that Big Brother was watching me. That very bewitched moment. She chuckled and said that it was quite normal to get the text messages. From who, I asked? How did they know my number, I asked? How in heaven’s name did they know where I was, I stammered? She had no idea. I dialed the given number, paid the amount demanded and skedaddled out of the shopping center.

Outside my vehicle, I found a fairly portly gentleman wearing a brightly illuminated waistcoat branded Kenya Revenue Authority (KRA). Turns out that he was the one who had generated the text message on his hand held device as KRA is assisting the Nairobi Metropolitan Services, who are managing the county that houses our glorious capital city, to collect parking revenues. What would happen if I didn’t respond to the text, I asked the tax collector. “Ahh Madam, si unajua lazima mtu atumie system za KRA,” he happily chirped back his response, reminding me that it was impossible to be an adult citizen in this country and not have to pass through the KRA tax collection system. In short, if I chose not to pay, he’d have shrugged his indifferent shoulders and the system would have automatically and very virtually “clamped” my car. The car would show up as having an outstanding parking payment due and this would accrue interest daily to an eye popping amount – I know this because the tax collector’s eyes popped out really large as he animatedly explained the consequences – and I would have to pay this at the point where I interacted with the system, whether it be for filing my annual returns, paying for an importation of a car, paying monthly rental income, yada yada yada. Folks, tax avoiders have been caught a good one!

The amazing part for me was that KRA had simply integrated its parking collection system to the National Transport and Safety Authority (NTSA) system which has details of all vehicle owners. So key in a vehicle registration number and voilá, the telephone number of the registered owner appears and a text message is automatically generated. Why did the message refer to Ngong Road, I asked the guy thereafter? Well, apparently their revenue system had turned the city into zones, so the shopping center where I was happened to be in that zone.

I recalled this experience as I perused my old articles and found one that I had written in September 2010 questioning the (in)efficiency of what was still the Nairobi City Council. Referring to the parking attendants, I said efficiency “…Would require removing all the yellow coated ticketing attendants from the streets and placing automated and efficient parking ticket meters on streets to reduce the bloated headcount.” Eleven years later we are there, albeit in an even more efficient manner as revenue collection is automated and linked to a floating guillotine over the driver’s neck in the name of KRA.

So the latest proposal coming from Nairobi Metropolitan Services (NMS) to reduce traffic in the city by levying a Kes 100/- per hour parking charge is one that will bring premium tears to city drivers. It will be a great revenue generator yes, but as the late American Defense Secretary Donald Rumsfeld was famous for saying, it is the unknown unknowns that should give us sleepless nights. Such a steep rate change will change inadvertently change already erratic Nairobi driver behaviour. How, is the million dollar question. But be warned, don’t ignore the text messages when they come. And if you’ve sold your vehicle to someone else, you want to make sure that their ownership is well registered, otherwise your virtual penalty account over at KRA will grow as large as your ignorant bliss.

[email protected]

Twitter: @carolmusyoka

How a Company Can Help You Deal With The End – Part Two

“Chaos, panic and disorder: My work here is done!” This is how I signed off last week’s column, as the iconic statement on the tombstone of all the moneyed men and women who create chaos by dying without a will and leaving a very untidy mess of an estate. Or who die with a will in place, but key stakeholders such as Side Dishes are left at the boulevard of broken dreams, holding nothing but a framed, smiling picture of the deceased.

I suggested that subject to appropriate tax advice, setting up companies to hold real estate assets might be a good way to skirt the topic of your death, but would ensure that your loved ones – spouses, spices and children of both – are taken care of since you would make them shareholders of the companies. By so doing, they would then be protected under the ambit of company law rather than the laws of succession. However, your own shares, as the founder would be subject to the law of succession as these would form part of your estate. So a reader wrote to me and asked if I could elaborate a bit more on how companies can help, well, sort out these manenos.

For a married couple, let’s call them Tom and Mary, the current tax regime allows for these interests to be protected in a tax efficient manner by transferring assets that are jointly owned into a company without payment of stamp duty. Stamp duty is applicable on land transfers in Kenya, with a rate of 4% of the value of the land for urban property and 2% for land in rural areas. However, there are exceptions to this rule where for example Tom and Mary are transferring the land that they jointly own to a family owned company. Of course the chaps over at Ardhi House, where the Lands Registry is housed, will want to see who the shareholders of the family company are. To prove that it is a “family” company, a marriage certificate would have to be produced to demonstrate Tom and Mary’s connection to each other. If there is a third unrelated shareholder in the company, as the annual returns of the company also have to be provided, then this would not qualify as a “family” company for stamp duty exemption purposes.

The definition of family extends beyond just spouses. It can include parents, children and siblings and for the latter to happen birth certificates have to be produced or, in the unfortunate event that a family member has died, then death certificates as well. In the case of a Side Dish, then the assumption I am making is that a new company is being formed to hold an asset being acquired during the tenure of the situation-ship so that in the event of the founder dying, then Side Dish’s shares are protected under company law. It would be difficult to get stamp duty exemption for an existing joint ownership with Side Dish when being transferred to a company, as there are no legal ties that bind to qualify as family. But the transfer can still happen, at a 2% – 4% stamp duty price.

If the land is singularly held by Tom, or by Mary, then very sensitive discussions would have to be held between spouses as to why transfer into a family company is necessary. Mary might be quite happy to have the property in her name and let her children, spouse and whoever else crawls out of the woodwork fight over the property in the event of her demise. But if she transferred the property to a company and made her spouse as well as her children shareholders, then in the event of her demise it would only be her share in the company that would be subjected to the law of succession as the rest of the family merrily continue on as shareholders. If her children are under the age of 18, then she could appoint her spouse to hold the children’s shares on behalf of her children and ensure that the correct proxy documents are executed and held in safe custody.

If the land is jointly held by Tom and Mary, then transitioning the ownership into a company should not be a landmine filled discussion as the intention for joint ownership has been there from the start. What mischief does all of this attempt to cure:  Families being left at the funeral home traffic lights.   Get talking to your lawyers and make sure you get some tax advice too.

[email protected]

Twitter: @carolmusyoka

How a Company Can Help You Deal With The End

Many years ago, a close cousin of mine challenged me to write my will. We were in our early thirties then and she was waxing lyrical about how one needed to be organized regardless of what age one was, as long as one had assets. “It never ceases to amaze me how even my own friends who are lawyers have not written their own wills!” she exclaimed. Anyway, her exhortations fell on deaf ears. I only got to write my will eight years after my father died, using the same set of estate planning questions that my late father had been given to use by his lawyers.

Answering those questions about what I owned, where it was located and how it was owned really made me reflect on how we organize our assets during our lifetime. Actually a whole existential self-conversation emerged, because I had never really thought about why I was purchasing what I had and what I intended to do with it, or rather what the poor sods who had to deal with my untidy mess of a death would do with my assets barring any post mortem instructions from me. To be honest, that self-conversation was not an easy one because I had to  look my immortality in the face and give it a name. Actually, two names: The End.

This is the difficulty many of us face, whether young or old. Dealing with The End. But when we don’t, and many of us fall in this category, the repercussions are devastating to our children, spouses, side dishes and their children as well as the whole African kit and caboodle of multi-silent familial existence. A neater way of putting your affairs in order in your lifetime – The Glorious Middle – without having to write a will that makes you deal with that unpleasant formaldehyde flavored pill called The End can be to hold your real estate assets in a company. Whether it is undeveloped land or built up residential and commercial properties, placing them in the name of a company then allows you to name your preferred beneficiaries as the shareholders in the company. Your own shares will be what will make up your estate and be left to all kith and kin who wish to make a claim on the same.

I hasten to add that you should get competent tax advice before going this route as there are tax implications when property is held in a legally incorporated vehicle. But the attributes of taking this option is that you can make your spouse and your children (who have attained the age of 18 years) shareholders while remaining the majority shareholder for purposes of control. In the event of your death, your shareholding then becomes a part of your estate and, in the event you have died intestate – without a will – then it will be divided up by those who are granted the letters of administration to your estate or, in the worst case where there is massive disagreement, be adjudicated and decided upon by a court of law. The important thing is that the remaining shareholders can still carry on with the business of the properties as it now becomes a matter of company law.

If you’re interested in providing judicial entertainment, you can also set up your Side Dish as a shareholder in a different company where you jointly own property. In the event of your death, take a park bench in heaven and watch the sparks fly as your spouse and children now make a claim on your shares and they all begin a new life as shareholders joined at your memorial hip. But the important thing is, you will at least have provided for Side Dish within the legal construct of company law which offers protections to minority shareholders in the event you decided to do Side Dish dirty and only offer them something like a 10% shareholding. It is also imperative that your articles of association – which govern how a company runs – are well designed and begin with the end in mind: total chaos prevailing in the event of founder’s incapacitation (we shall not use the word death)! How directors will be appointed, who can be a director etc. are all important aspects of company continuity past The End. Anyway, I believe the point is made: companies can be used for doing business and can also be used as an efficient, death defying vehicle to hold one’s assets in a perpetual, separate legal entity that can sue and be sued. They can also be used to help all those disorganized mortals who die and leave this on their tombstone: “Chaos, panic and disorder: my work here is done!”

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Twitter: @carolmusyoka

The Law is an Ass

“The law is an ass.” That opinion was expressed by Mr Bumble in Charles Dickens’ epic classic Oliver Twist, when he learned from Mr Brownlow that, under Victorian law, he was responsible for actions carried out by his wife. ‘If the law supposes that,’ said Mr Bumble, squeezing his hat emphatically in both hands, ‘the law is an ass – an idiot. If that’s the eye of the law, the law is a bachelor; and the worst I wish the law is that his eye may be opened by experience – by experience.’

Company law governs the way companies are run within a legal jurisdiction. At the heart of company law is the premise that shareholders who create a company choose the manner in which they want that company to be governed through the establishment of memorandum and articles of association. The memorandum of association defines the objectives for which the company is being formed, while the articles of association define the manner in which that company will be governed including amongst other things how directors will be elected, annual general meetings will be convened, rights of shareholders etc.

So for a certain very large and prestigious city hospital in Nairobi that has been in the media for all the wrong reasons lately, looking at its articles of association happens to be quite an illuminating exercise. By way of background, the hospital has seen more CEO changes in the last couple of years than the filters on its medical waste incinerators have been replaced. The last CEO who was asked to leave has sued the institution for wrongful dismissal citing the reason for his sacking as due to his questioning of some improper procurement practices driven by some board members. I looked at the articles of association of the institution, which were extensively amended at a special general meeting in July 2020.

In the old articles of association, a fairly laid back culture was legislated around conflict of interest of board members. A member of the board, or a company or firm in which he was a shareholder, director or partner was allowed to contract with the institution for a profit and that contract was not deemed to be voided due to the board member’s relationship with the institution. However the board member was expected to disclose that interest at a board meeting and not expected to vote where that interest was being discussed. However if that member did go ahead and vote, then the vote was not supposed to be counted. It gets even more interesting as that prohibition not to count the conflicted director’s vote could be “suspended or even relaxed” at a general meeting of the company.

The new articles of association seem to have attempted to fix that loophole by expressly forbidding any board member or any firm or company in which he is a shareholder, director or partner to contract with the institution going further to state that such contract shall be voided. This is where it gets interesting though, hence the use of my words “an attempted fix”. In the same breadth, subsection (b) of the curative clause goes ahead to state that no board member shall vote in any contract or arrangement which he is directly or indirectly associated with and his interest must be disclosed and declared by him at the board meeting at which that contract is determined. So on the one hand, the first clause states thou shalt not contract with this institution, while the second clause states well actually, in case you do have a contract then you cannot vote at a board meeting discussing that contract and you must also disclose your interest.

As an avid user of this hospital’s services, I can attest without fear of contradiction that their propensity to heal me of my ailments is far better than their propensity to cure their constitutive documents of board member conflicts of interest. In next week’s column, I’ll delve a little bit deeper into the other corrective attempts that this institution has made in its attempt to remedy itself of its corporate governance malaise. One really gets a sense that the writers of the document shared the Dickensian character’s view that the law is an ass.

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Twitter: @carolmusyoka

Rogue Culture

Many years ago, I was a law student at University of Nairobi’s Parklands Law Campus. Situated about four kilometres north of Nairobi’s central business district, the humdrum state of the campus was removed from the cacophony of noise and sheer volume of students at its mother university home ground. But that did not prevent the culture of entitlement and attention seeking that defined the youthful exuberance of public university students. Meal times at the dining hall, particularly at lunch time were an extreme sport as students would gather at the metal grilled locked doors by 11:45 am demanding to be let in by vigorously shaking the grills and yelling at the weary kitchen staff to open the doors forthwith. That daily show was fondly referred to as the “Opening Ceremony” or “OC” for short. For those of us who didn’t have the testosterone charged limbs that were required to tear through the doors once opened, waiting to see what scraps were left once the student locusts had blazed through the lunch offering was invariably our destiny and often we had to walk across to a mabati kiosk on Wambugu Lane that served delicious hot meals on rickety wooden tables and benches. But that emperor’s meal was only possible when the customarily thin student pockets permitted.

In our second year of university, the school organized for a “bench marking” visit to the University of Dar es Salaam’s Law School. We arrived at the Namanga border post in the late afternoon and crossed the Kenyan side with no issues. However the Tanzanian officials found fault with some documentation and refused us entry meaning we had to sleep on the bus the whole night while the issue was being sorted. Many of those on the bus began exchanging words with the dour faced Tanzanians, words that were largely fueled by a suspicious liquid that would quite likely propel a jet engine if required which had been consumed in great quantities out of a large, plastic jerrican. A change of guard the next morning as well as reasonable interventions from our officials (and the fact that the loud mouths consequently blacked out into a merciful silence) eventually permitted us to enter Tanzania. We arrived in Dar es Salaam close to midnight, exhausted and starving and were shown to the students’ dormitories which had beds and mattresses with no beddings. Now we had been informed to carry our own sheets and blankets, but quite a few colleagues had skipped that part of the memo in their haste to pack their combustible liquid snacks. So they simply cut open the mattress covers at the top and slid their weary bodies into the space between the mattress foam and the cover and promptly went to sleep. First thing in the morning found the Kenyans at the university dining hall undertaking an “OC” much to the collective horror and utter indignation of the nonplussed Tanzanian university staff. To cut a long story short, the Tanzanians were only too pleased to see the back of the blue University of Nairobi bus when we departed a few days later.

This display of roguish deportment from my colleagues stayed with me for a long time. Of course most have gone on to become respectable and responsible members of the legal fraternity. But that inherent capacity for boorish behaviour continues to be exemplified in the way we Kenyans overlap in traffic causing massive gridlocks that beggar belief just because we view our personal entitlement to get there before everyone else as being our inalienable right. The same entitlement drives our political class to hold rallies that make a mockery of the public health initiatives to minimize crowds because it is their inalienable right to speak to the people on the ground no matter what the cost. We see it in some worker unions that demand to be paid a full salary even when the organization is suffering detrimentally from the effects of reduced revenue due to the debilitating effects of the Covid pandemic because it is the inalienable right of the workers to receive full pay no matter what the circumstances.

The source of our collective sense of entitlement invariably breeds a rogue culture where we throw our toys out of the cot when we do not get what we want. Sadly, we cannot legislate cultural norms as they can only develop from a shared national psyche and value system. In the meantime, perhaps we can all meet at the “OC” to get some inspiration!

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Twitter: @carolmusyoka

The Dangers of Cross Border Banking

Our neighbors in Uganda have recently provided some very interesting judicial pronouncements that have created clammy hands of fear into the Kenyan banking industry that lies eastward across the Victorian pond. In the most recent case, a Ugandan businessman borrowed a series of loans running in the tens of millions of US dollars from a Ugandan subsidiary of a Kenyan bank, part of the borrowing of which was lent by the Kenyan parent bank. It is fairly common throughout the world for local subsidiaries of banks to draw on the strength of the parent bank’s balance sheet simply because of lending limitations of the subsidiary in its jurisdiction. A bank has legal lending limits that are linked to its capital base therefore it may ask the parent to take on a loan that would breach the subsidiary’s statutory lending limits. Typically these loans would be in foreign currency and would be assessed at the parent bank’s credit committee level. The local subsidiary bank then becomes a collection agent for the principal and interest payments and remits the same to the parent bank.

This kind of lending is not only limited to the private sector. Governments also take on commercial loans from foreign banks in what are known as syndicated loans where a group of banks, some of which may have local presence, provide a loan to the government and appoint one bank as the collection bank. The collecting bank, acting as a collection agent, will receive the loan repayment from the government and then remit the same to the various lenders in the syndicate. Due to the significant size of the loans, more often than not the loans will be placed on the parent bank’s balance sheet as they have the financial liquidity to provide the funds as well as the capital strength to support loans of that size from a single borrower lending limit perspective. Back in the Ugandan case, the Ugandan businessman fell into deep trouble and couldn’t service his loans. After scrambling about unsuccessfully trying to find another lender who could take over the loans from the Kenyan subsidiary and the Kenyan parent banks, he and his lawyers came up with a brain wave of Donald Trump proportions: Sue the banks claiming that attempts at collecting the loan repayments were tainted with fraud and, wait for it, that the Kenyan parent of the bank was not licensed to conduct the business of a financial institution in Uganda by the regulator Bank of Uganda, and therefore the loan from the Kenyan parent was illegal from the onset. Moreover, the law suit also claimed that the Kenyan parent bank required explicit authority from the regulator to appoint its Ugandan subsidiary as an agent to collect the loan repayments.

A pretty bizarre argument given the fact that at the point where the loan was approved and disbursed, the Ugandan businessman quite likely smacked his lips in pure glee, popped a bottle of champagne and proceeded to withdraw the money with no qualms about the licensing capacity of the source of funds.

The judge presiding over the case took no prisoners in his 7th October 2020 judgement and issued a stupefying ruling that beggars belief. He ruled that indeed the Kenyan parent bank did not have the legal license to conduct business in Uganda and therefore the loan was invalidly issued, secondly he ruled that the Kenyan bank did not have authority from the regulator to appoint its Ugandan subsidiary as a collecting agent and then he ordered that all the properties that had been mortgaged as securities by the businessman be released back to him forthwith. Further, the judge ordered that all the monies that the bank had recovered from the borrower in the course of trying to enforce payment be reimbursed.

The judgement sent the Ugandan banking association into a tearful tizzy, with its Kenyan counterpart holding up tissues in support. It put into grave danger a whole series of loans that Kenyan and South African banks with Ugandan subsidiaries had provided, but also inadvertently called into question syndicated commercial loans that had been given to the Government of Uganda by local and foreign institutions. The Bank of Uganda (BoU) Governor issued a statement a week later on 14th October 2020, essentially taking the high court judge to school on what the definition of a foreign bank conducting business in the Ugandan jurisdiction was as per the relevant law, as well as what that same law defined as an agent bank, both of which the high court judge had misinterpreted. The Governor also explained what the BoU’s regulatory reach was as far as foreign banks that were undertaking lending or non-deposit taking activity in Uganda. In simple words: Judge, get a life!

Anyway, the Ugandan subsidiary and the Kenyan parent bank rushed to court  to get a stay of execution on the high court judge’s order pending appeal, which was mercifully given. In the stay of execution judgement dated 2nd November 2020, the judge gave a zinger of a parting shot: “Before I take leave of this matter, I was flabbergasted by one of the parties sending emissaries to me with financial proposals in order to influence my decision. This is disgusting to say the least.” Well, I leave it to you to guess who might be the party so unnamed.

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Twitter: @carolmusyoka

Corona Success Stories

Last week I took a friend of mine furniture shopping on Mombasa Road. My uncle used to own a furniture manufacturing and retail store a few years ago and in 2014 he told me that at that time, there were about 40 furniture outlets on Mombasa Road, between Nyayo Stadium and City Cabanas alone! That Nairobi could develop a specialty retail furniture zone by default, rather than by county government design continues to be a strong testimony to the tenacious, entrepreneurial spirit that drives this third world economy. Anyway, back to our furniture shopping jaunt. We got to the first store on a cold, drizzling morning and were met with the ubiquitous thermo-gun and hand sanitizer. This particular store had hundreds of square feet of well laid out space, divided into multiple sections that tastefully displayed the furniture as it would appear in a living room or bed room to give customers a sense of what it would look like in their houses. Not the mish-mash of furniture pieces placed side by side on every walkable space in the store as we later found in some of the other stores. I got to talking to the sales girl and she said that they had been having brisk business since Covid-19 hit our shores. Turns out that many people, who are now spending more daylight hours at home, have seen the ratchet condition of their furnishings and have sought upgrades during this period.

We went to a total of seven furniture stores with varying degrees of seriousness in their product displays and in their customer service approach. The stores that were well appointed in terms of design and layout consistently had the same story: significant sales during Covid-19 times and, in one case, total stock outs of bedroom and living room furniture by July this year. Who’d have thought that furniture and plant sales (as my roadside plant sellers have told me) would have soared during a pandemic?

I was challenged to relate this story by my 17 year old daughter who often finds me scratching my head looking for a topic to write for this weekly column. In her view, the past several months have awakened her realization to the privilege that exists in society where a few have access to various non-essential items while the majority struggle to purchase essential goods and services. From her mid-adolescent lens, private schools today have all been equalized to the same level in that their key selling proposition is no longer the boundless options of extra-curricular activities that augmented their academic offerings. From my daughter’s perspective, as an exam candidate in her final year, her main need is access to teachers and a robust revision of past papers process and this need is essentially replicated across the exam candidate universe. “So what is the point of all those sport and arts facilities that some of the private schools have today?” she asked me. “Well, Covid-19 is not here to stay and these facilities offer various options for talented students who want to explore their gifts outside of academics,” I responded. But she had made a point, which was repeated to me by another friend who had decided to pull her child out of the remote learning process at a private school. This particular friend made the conscious decision that paying all that school fees money, albeit slightly discounted due to Covid-19, was not worth the diminished experience that her child was getting since the academic aspects were just average in offering compared to the opportunity lost for the extra-curricular activities that had attracted her to the school in the first place.

I’ve said this here before and I’ll say this again. The remote learning experience that many private schools have had to provide should give school owners the opportunity to consider creating two delivery models for academic learning. A well rounded academic and extra-curricular in-person experience at a higher cost as the school facilities will be utilized, as well as a remote learning experience for those that simply want access to good teachers and a sound academic ethos and track record. This in turn should create a good opportunity for providing access to good education for less privileged children in rural areas where the benefactors are willing to donate computers, electricity and wi-fi access. In this way, perhaps we can extend the benefits of our urban, corporate based, income earning privilege in a more sustainable manner.

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Twitter: @carolmusyoka

I Have A Guy

Every working person in Kenya has to have “a guy”. A guy to do your plumbing, a guy to do electrical repairs in the house and a guy to sit in the pick-up delivering goods to your construction site so that folks don’t rob your materials en-route to site . A guy to go chase corrections on an overinflated bill at the water or electricity company. In summary, just “a guy”. So much so that at many social gatherings, where someone is busy giving their travails of an incessant run around at the passport application office, it is fairly ubiquitous for someone to chime in, “But I know a guy. He will sort you pap!” These ‘guys’ are the soldier ants running around making things happen as they oil the cogs of the informal but critical economy. I have a guy. His name is James and he is by far the best bodaboda delivery guy I have ever come across. I met James purely by accident as I ordered donuts from some place in Westlands, whose customer service rating was conversely related to the rating of their superb product. The chap who took my order was quite happy to state that “No, we don’t do deliveries in Kilimani, but we have a bodaboda guy called James who we work with and I can give you his number.”

Now, let me put this on the table right here, right now: I hate giving directions. This is primarily because many of us don’t know names of roads or well-known landmarks such as restaurants or schools. So whenever I am ordering something for delivery, I usually take a deep breath and draw on my extremely limited reserves of calm then brace myself for at least ten incessant minutes of “No, not that road, I’m talking about the one that starts at Department of Defence” for a destination that is at least five kilometres away from that landmark. Anyway, I digress. I called James. I started to give directions and he got it in like five seconds. Yes. Five seconds. Within ten minutes my office doorbell rang and he had me at “Habari yako?” My friends, James knows every inch of this missing-road-names and potholed-filled city and I have sent him out as far as Sonko’s shrinking fingers of influence can reach. Just give him a building or residential address and the general area it is located and he will pick up or deliver within minutes. I thought of James’ story when I watched a YouTube video about the herculean task required to acquire a license to be registered as a London Cab driver. There are about 20,000 of the iconic black London taxi cabs circulating in the city’s metropolitan area and the drivers, unlike their sissified GPS using uber nemesis drivers, navigate around the city’s labyrinthine streets using the maps stored in their brains. To get the license, drivers have to spend about 6 hours a day for anywhere from two to four years studying the whole map of London, names and locations of about 25,000 streets as well as all the key points of interest therein including shops, restaurants, churches, mosques, hotels you name it and the average drop-out rate for candidates of the test is about 30%. The entire body of information is contained in a framework known as “The Knowledge”. Consequently, scientific studies on London cab drivers has found that the part of their brains known as the hippocampus, which plays a major role in the human body in terms of learning and memory, is highly developed.

James, my bodaboda guy, has “The Knowledge” about Nairobi County seared into his blessed hippocampus. I’m sure there are many more like James out there, who give excellent service, charge extremely reasonably and do not require ten mind numbing minutes of spatially challenged awareness to determine location of delivery. This is a shout out and a glowing tribute to all the “guys” out there who are providing essential services in their quiet and effective way. May the force be with you!

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Twitter: @carolmusyoka

UFAA Is Not Keeping My Mula

My mother is an avid bourse investor and ensured that she infected her offspring with the same bug. She became interested in the stock exchange after receiving advice from one of her former bosses in the bank where she worked until retirement. The gentleman held all his investments in liquid assets primarily consisting of equities, making it completely easy for his family to liquidate upon his untimely death. Each time a counter in which she is invested holds an AGM where a dividend is approved by shareholders, she marks her calendar so that she can go to the post office to pick up the dividend cheque shortly thereafter. She keeps track of all the AGMs and dividend announcements for the counters in which she is invested and even goes to the offices of shares registrars to follow up on cheques that haven’t been mailed in. In summary she is super-efficient. I am the total opposite.  At the end of last month, August 2020, I got a letter from a registrar that I had several unclaimed dividends. The letter, dated 10th July 2020, said that “the issuer is in the process of preparing to surrender your unclaimed dividends to the Unclaimed Financial Assets Authority (UFAA)  by 1st November 2020 in line with existing regulations. You are therefore requested to make efforts to claim your dividends as soon as reasonably possible. Should we not hear from you by 16th September 2020, we shall proceed to prepare the final reports for submission to UFAA”. Accompanying this letter was a request to send in a whole bunch of items to validate my true identity short of the menu for my Christmas Day lunch. In typical Kenyan style I decided to action said letter on 15th September, the day before the deadline. By this time, a few other letters had come from a different registrar also alerting me that I had unclaimed dividends on other counters. When it rains it pours.

The beauty is that accompanying my unclaimed dividend letters were forms to opt in to the mpesa option. You see the share registrars have opted not to waste this covid crisis and requested shareholders that due to the covid 19 pandemic and various Government of Kenya directives to minimize its spread, shareholders should opt in to claim outstanding and future dividends either via mpesa or through a bank transfer. I submitted all my documents and signed the mpesa opt in form with much flourish.

The registrars came through for me and within 24 to 48 hours of my submission I had the funds in my account. Carol Musyoka 1 – Unclaimed Financial Assets Authority – 0. I had to scratch my head as to how those dividends had been unclaimed in the first place and I figured out that they had probably been mailed via registered mail and since we go to the post office perhaps once a month, the two week registered mail notification had lapsed and been returned to sender without my ever knowing that I had a dividend cheque. Now if my mother knew this story she’d probably give me a tongue lashing on my pathetic investment management ethos as she is supposed to have trained me well. But I know I’m not alone in this hence the reason why the UFAA is holding billions of shillings in unclaimed dividends belonging to thousands of investors who, like me, do not keenly follow up dividend payments nor visit the post office regularly. There are also many shareholders who have passed away which brings in further complications as the dividends now form part of their estate.

There is a lot of work to be done to move individual non-corporate shareholders to the electronic bank transfers or mobile money dividend payment option which may take years to accomplish. The easy part is for new buyers of shares who should be required to automatically sign up for this option upon purchase. The harder part is for the legacy shareholders, some of whom still hold share certificates rather than electronic share accounts at the Central Depository and Settlement Corporation, who have to be individually contacted and nudged to move to the 21st century for those that are still alive today. The unintended winner in all of this administrative investing nightmare is the UFAA who will continue to hold the funds in trust for the blissfully ignorant masses.

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Twitter: @carolmusyoka

Business Management is Learnt Not Inherited

On a lazy Saturday afternoon in mid-2019, I pulled up to the gate of a commercial building in the Yaya area of Nairobi. I had an appointment with my barber, a twice monthly sacred event for those who partake in such indulgences. There were two guards at the closed gate who immediately began conferring with each other in a fairly agitated manner. I cocked my head to one side, wondering why the usual guard wasn’t walking out to undertake the vehicle security inspection as usual. After several interminable minutes, one guard walked to my car and said “Hii gari hairuhuswi kuingia, utaweka nje.” So there was the answer, my car was not allowed entry into a building that I had been driving to for the last seventeen years and I was being asked to park outside. With as much patience as I could muster, I politely asked why. The guard, nervously shifting from one foot to another, answered that pick-ups were no longer allowed to enter the building environs.

I then understood his nervousness when my barber, who had been purchasing something at the kiosk outside the gate began yelling at the guard that I was his long term customer and I should be allowed in. Turns out that the guard had been stopping anyone in a vehicle which looked like it could remotely carry cargo from parking in the building’s environs. As my barber let it rip, the owner of the salon pulled up behind me fortuitously, and also began explaining that I was a long term customer whose mode of transport, a pick-up, should not be discriminated against. Ok, she used far more colorful language but turns out that there was a back story behind this little snafu. Fifteen minutes later, several phone calls and an enraged salon owner, apoplectic barber and other rattled salon staff found me seated on the barber’s chair getting down to the business that had gotten me there in the first place.

Once he calmed down, my barber told me that the building had recently changed ownership hands. The new owner, a very wealthy entrepreneur, had ceded management of the building to his son. The previous owner had been very engaging with her tenants, ensuring that the building management ran very smoothly, so smoothly that the salon owner had even taken up extra space to put up a spa. The building had a high tenant occupation, particularly due to its proximity to the Yaya mall and it was always a challenge to get parking due to a high visitor frequency. However, the new owner’s son had come with a big stick. A very big stick that led to some tenants opting to leave and one such tenant had called in a truck, packed up their office furniture and slunk away into oblivion, causing the owner’s son to ban any vehicle that looked like it could carry furniture, including – in the guard’s definition – my pick-up. Fast forward to last Monday, when I went for my usual barber service at 2:00 pm and I was shocked to find the parking completely empty save for two cars, a parking that had the capacity for at least 50 cars. I asked what was happening, as this was fairly unusual. One salon employee said that people were now working from home and therefore the footfall in the building had significantly reduced. But on further interrogation, the employee admitted that the tenancy in the building had significantly whittled down in the time that the new ownership had taken over. The new owner’s son was not maintaining the building well, was rude to tenants and even had to be begged to fuel the generator whenever power went out, something I had witnessed for myself during one visit.

Covid-19 will hurt many businesses, especially commercial building occupancies as companies downsize due to reduced operations and the increasing attractiveness of employees working from home. As others have opined before me, this dark season will simply accelerate the death of businesses that were already struggling before, treating customers badly or not adopting newer technologies. Demonstratively, as in my story above, someone was handed a thriving commercial building at a time when the commercial building stock in Nairobi was at an all-time high and the oversupply was causing rental prices to drop. High handedness in treating his customers, the tenants, led a number to vote with their wallets at a time when his product has minimal uniqueness and significant competition in terms of the home work space. It is painful to watch this slow puncture of some businesses develop.

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Twitter: @carolmusyoka

Corona Times are Tough

Last week I attended an excellent webinar on personal finance management in the time of corona, hosted by one of the local banks. I was surprised to find a large attendance, with at least 1,200 attendees at its peak, which spoke to the relevance of the topic in the current environment. The key message that came through from many of the speakers was slow down your expenditure and measure your personal runway to ensure you don’t run out of space to keep yourself afloat. One speaker was very specific: if something doesn’t generate cash for you, and is not related to food or shelter, this is not the time to be thinking of buying it. Most late afternoons, I have now taken to walking for exercise down the beautiful paved footpaths of the recently expanded Ngong road. In the approximately three kilometer stretch between the Junction and Prestige Malls, there are tens of used car yards packed with luxury and mainstream cars awaiting new owners but what I often see are solitary security guards and, in a few cases, the odd hopeful salesman waiting to catch that elusive lucky break. At the risk of using a pathetically small statistical sample, my uneducated conclusion is that folks are already making decisions around unnecessary expenditure in the form of vehicular purchases.

The same Webinar speaker warned attendees against starting and investing their savings in businesses based on a whim without having done the requisite research and feasibility studies on the product or service so desired to be sold. Which led me to ponder over what the hundreds of thousands of Kenyans who have lost their jobs in the last three months must be doing, some trapped in the major cities of Nairobi and Mombasa without the chance to go to their upcountry homes to lay low and take economic cover. I have opined about the resilience of the Kenyan entrepreneur since we were first hit with the Covid-19 scare in March this year. On May 18th 2020, I noted information from the Kenyan Companies Registry that from an average of about 700 private company registrations of per week prior to Covid-19, registrations dipped to about 480 when the government announced the partial lockdown in March and were now ticking up to about 550 per week. Business names, which represent sole proprietorships, moved from an average of about 1,400 per week to a low of about 800 and is now ticking up to about 1,000 sole proprietorship registrations per week.

Progressively, in the week ending June 19th 2020, business names registered were 2,206, a slight increase from the 1,953 registered in the previous week. In that same period, there were 1,141 private companies registered, also a slight increase from the 1,027 registered in the previous week. As you can see, this is a notable increase from the May 2020 numbers I had reported In the same period in June 2019, there were 1,039 business names and 818 private companies registered with no Covid-19 in sight. Without interviewing the owners of the capital behind these registrations, one can only take an uneducated guess as to what is driving the significantly increased number of business registrations per week especially since we haven’t seen any external interventions in the form of angel investors suddenly floating into the Kenyan entrepreneurial space. There is clearly an upsurge of interest in opening businesses and, noting the absence of concrete evidence, it is likely that these are previously employed persons who are moving into the entrepreneurial space.

Other anecdotal evidence is found in the number of private car owners now selling fruits and vegetables from the boot of their cars on various roads in Nairobi’s suburbs. Either your traditional mama mboga got a vehicular upgrade in the last three months, or car owning citizens, who are working from home, have found a better way to spend their unsupervised office hours making an extra shilling or two. Whatever the case, the resilience of the Kenyan spirit has never been so evident. The challenge is now to ensure the continued commitment to the ease of doing business that our government has demonstrated, not only in the registration of businesses but in finding ways in which these fledgling entrepreneurs can create a marketplace devoid of baffling tax encumbrances and byzantine county administrative licences.

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Twitter: @carolmusyoka

Time To Build Our Own Local Precedents

Last week I was speaking to someone who works for an international organization with headquarters in the United States. She recalled how her colleagues at HQ were oscillating between various stages of fear, angst and utter despondency at the ongoing George Floyd anti-racism protests that had resulted in looting and curfews in multiple American cities. Her American colleagues were shaken to the core and struggling to find answers to how the country’s society was seemingly unravelling fast. The lady chuckled, recalling how the during the Kenyan post-election tensions in 2017, her American colleagues were fairly reticent in their direction, guiding the Kenyan office to just work from home, but continue working. The social tensions in a far off remote corner of the globe were distant and incomprehensible. But now the same kind of tensions, laying to bare existential questions on the equality of citizenry and police brutality, pulled at the tenuous strings of the peaceful American societal fabric.

As a large consumer of American literature, movies and academic case studies, last week’s protests coupled with the never ending squabbles between the federal government and state governors on the appropriate response to the Covid-19 pandemic threw me for a loop. How could a country that has for decades lectured the rest of the world on human rights and democracy and upended various regimes in the Middle East fail to provide basic personal protective equipment to frontline health workers? How could a country, whose movies the whole world has consumed, including those that fictionally promised they would save the world in the event of an alien invasion or hurtling asteroid – cue Independence Day and Armageddon – be reduced to political grandstanding in the distribution of life saving ventilators to states that were led by Republic governors? I have so many questions.

In the academic space locally, we have for years drawn on many case studies of American companies that have brilliantly succeeded or spectacularly failed in business. The reason local academia has relied heavily on these American case studies, in my limited experience, is because there exists in America an abundance of academic writing skills as well as troves of published financial data, analyst reports produced after numerous detailed investor briefings and, most importantly, unbridled willingness on the part of current and former management to tell their side of the story. But for many of my East African corporate governance students consisting of directors in both the public and private sectors, the stories ring hollow to their seasoned ears. For years, consistent feedback has been that they want more local stories based on local circumstances as the directors are well aware that what happens in Western climes is based on an extremely different socio-economic and political context. Very few academic case studies exist for local companies and a handful have been written by American universities who’ve managed to crack open tightly sealed corporate lips. The challenge has largely been around the fact that our closely knit society whether in Kenya, Tanzania, Uganda or Rwanda ensures that it is difficult to get data from existing management that may indict former management or vice versa. Further, there isn’t the same amount of corporate information symmetry as exists in developed markets for unlisted companies. I once used a local case study in class, based on data collected anecdotally and from the media and was embarrassed to find one participant avoid the class altogether as he was related to the shareholders and couldn’t bear to listen to the class dissect the decisions and internal politics that were causing the company to decline.

The upshot of this is that recent events in the American socio-political milieu, as well as the global disruption of supply chains will lead local consumers to become more discerning of, and demanding for local content and products. The benefits of this era will definitely be a deeper sense of Afrocentricity and looking for local solutions to local problems and needs. Watching developed nations struggle with managing this public health crisis and the resultant recessive economic impact is a stark wake up call for Africans to realize that not all answers come from the West. And for those of us in local academia, now more than ever is the time to establish a body of local case studies particularly of companies that will have successfully or unsuccessfully navigated this period. Our problems are our own to solve.

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Twitter: @carolmusyoka

Leading Through Grief

The jokes emerging on the internet from people stuck in lockdown at home for weeks and soon to be months at a time have been cheesy at worst and classic at best. Take this prediction: “There will be a minor baby boom in nine months, and then one day in 2033 we shall witness the rise of the quaranteens!” Or the more circumspect jibe at the antivaccine stalwarts that says “Once they come out with a coronavirus vaccine, I don’t want to see any anti-vaxxers getting one. Don’t be a hypocrite!”

But laughter is indeed the best medicine in an increasingly grim environment where there seems to be absolutely no scientific nor biblical prediction of when the end will be, whatever “the end” means. Hence the heaviness that many of us are experiencing has actually been likened to grief. Brené Brown is a University of Texas research professor and best-selling author of several books on leadership. She runs a number of podcasts and last month hosted David Kessler who worked with the late Elizabeth Kubler Ross on her seminal psychological analysis of grief which came to be known as the five stages of grief. The Kubler Ross grief model as it came to be known, identifies the five stages as denial, anger, bargaining, depression and then acceptance. During the March 31st podcast with Professor Brown, Kessler spoke about the fact that many of us are actually grappling with grief as we go through the horrors of the covid-19 pandemic even though we may not have experienced the death of a loved one. He goes on to remind listeners that the five stages are not linear and one can experience depression before trying to bargain or experience anger first, followed by denial.

More importantly, he challenges the leaders amongst us to rapidly understand these stages and lead our teams to acceptance and to a sixth stage that he has written a book about which is finding meaning. I was listening to this podcast and high fiving an imaginary colleague as I was taking a much needed pre-curfew walk in my neighborhood. All around me were pedestrians from various walks of life: families wearing expensive masks and, like me, walking for exercise rather than walking from work and laborers coming back from a hard day of work with worry lines etched behind makeshift masks strewn together from bits of cloth hurriedly found amongst old clothes. I high fived my imaginary walking colleague because Kessler’s point about the non-linear path in the grief model was exactly what I had been enduring over the last three weeks. I have tended to swing between depression about potential business losses, followed by denial that this cannot be happening to us, right now at this time, acceptance that it is what it is and I need to man up and lead my team to hitherto unknown frontiers, followed by depression. The I rinse and repeat this manic mental gymnastics process every day. It’s exhausting!

But Kessler’s challenge was to find meaning in all this chaos, and help our teams innovate, respond to a dizzyingly frenetic change of pace and build our businesses to survive this. This takes an inordinate amount of will power to set aside our own primal fears and wake up to the current reality. More importantly, it requires us to recognize that our own employees are also in varying stages of the grief curve, so trying to stand up and wave pompoms at the fantastic opportunities that are emerging may be pointless if we don’t first understand that not everyone is on the finding meaning hymn sheet that we are singing from. I recently spoke to someone whose employer had just instituted deep salary cuts for all employees as their revenue sources have been greatly impacted by the government lockdown of certain sectors. She was appalled that some senior managers were still in denial that the salary cuts had been instituted and were getting angry at the numerous requests from the human resources department to consent to the cuts as is required by law and sign the acceptance letters. “How can someone who is leading a team of a hundred people be called a manager if they are not helping their own team deal with the new reality?” she mused.

We all deal with grief differently and there’s no time like the present to witness the inherent strengths and weaknesses within our teams. However as leaders of teams, our jobs do not accord us the luxury of wading slowly through our feelings. Finding meaning is a critical leadership muscle that we must develop, because this too shall pass and we must be prepared to keep our businesses running at all costs. Or we will collapse into a heap of business extermination.

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Twitter: @carolmusyoka

Trapped but Free

Many years ago as a masters student in upstate New York, I hired a car to visit some friends in Syracuse which was about 100 kilometres north of my college town. It was still winter and the roads were slick with precipitation and ice, so it was a slow drive back late in the night after a lovely afternoon of social engagement. Alone in the rental car, I pumped the music high to keep me stimulated on the lonely drive. Halfway through the ninety minute journey, my headlights flashed on something small, furry and dark that crossed the road right in front of my car quickly followed by a resounding thump as I ran over the nocturnal animal. Remember it was late at night in wintry conditions so I wasn’t trying to stop and figure out what part of nature I had just terminated. But that animal ensured it left a post humous enduring legacy for the rest of my trip. Within seconds of the collision, the whole car was infiltrated by a noxious odour that filled my nostrils, coating the inside of my mouth all the way to the back of my throat which subsequently began to sting as my burning eyes simultaneously began to water.

Without being told, I instinctively knew I had hit a skunk, a cat sized mammal that is native to north and south America. When in danger, it emits a spray from its anus which is a mixture of sulfur containing chemicals that are so offensive that even grizzly bears run away. I had to open all four windows of the car and brave the freezing temperatures, as I imagined myself to be dying from a yet to be determined cause by those who would find my body in a mangled wreck somewhere on the highway. I eventually arrived safely back at my college residence, my hands clamped frozen on the steering wheel, nauseated, weak and praying for the stinking soul of the offending skunk to never smell in peace.

Fast forward to about seven years later and I was back in Nairobi driving to see some friends on a beautiful, sunny Saturday afternoon. I slowed down at the Kenyatta Avenue-Uhuru Highway roundabout to let the cars on the highway pass. My window was down as it was very warm inside the car, when I heard someone just outside my car say “Aunty leta pesa” (bring some money). A street kid in an oversize jacket stood right by my window holding a concealed fecal weapon in the right hand sleeve which I could smell from the constrained confines of my vehicle. I quickly hit the automatic window button, while trying not to accelerate into the highway with oncoming vehicles. The street kid’s reflexes were good as he tried to push the contents of his hand into a rapidly shrinking space, but not as fast as the window closed. Unfortunately the cuffs of the jacket ended up being trapped inside my car and the street kid had to miraculously slip off the garment since I was still gradually stepping on the accelerator. Long story short, me and the offending piece of cloth fishtailed onto the highway, escaping to a very short lived freedom as the fetid fumes of his fecal weapon, which still remained in the sleeve proudly fluttering outside the car, began to consume the whole vehicle. Safely on the highway, I opened the window to let the jacket fall, gagging and almost choking on my own vomit as I rushed to my destination. On arrival, my friend’s extremely gracious husband took one pitiful look at me as I stumbled out of my car and offered to take it to a car wash to be hosed down of all the nauseating memories. He continues to receive my prayer for blessings abundantly.

Both these situations have made me extremely aware of one fundamental human right: the freedom to breath. As we navigate our new normal, unwittingly trapped in our residences and gasping for any external social interaction that may not endanger our lives, we are also being forced to take stock of our freedoms of which there are quite a few. Freedom to deeply innovate our businesses and deliver our products and services differently. Freedom to immerse ourselves in the virtual academic space and learn something new since many academic institutions are now offering free virtual learning programs. Freedom to innovate on how to deliver food and water to those living on less than a dollar a day, whose lives are about to become very hard and are therefore socially vulnerable. This is not the time to be trapped in a freezing, pungent hellhole of skunk sized despair. Not when you have the financial capacity to read this from your virtual comfort.

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Twitter: @carolmusyoka

Life In The Sticks

I am a tree farmer. I have planted thousands of trees on a small piece of dry land somewhere on the windswept plains of Laikipia. I thought trees would be a good way to rejuvenate a piece of land that had been denuded by charcoal terrorists who had destroyed every single living tree within their abominable reach as most of the land owners in that area were absentee landlords. What I didn’t count on was that a simple project like planting trees, on a nondescript piece of land in a rural backwater, would turn out to be the most humbling experience of my life.

 

For starters, rural settings have an entirely different socio-economic dynamic than that of the urban setting to which a born and bred city dweller like me could ever have imagined. The minute I started to put up a fence, local youth appeared and requested to be hired. I had the good fortune to get a fence erecter from a different town who was quite familiar with how local dynamics played out and he hired a couple of them for good order. One of them ended up staying on as the farm caretaker and that is when the rain started beating on me. Let me first start by cautioning that this is my experience, my story and therefore my conclusions all of which I am completely entitled to own. In my experience, the problem with hiring local labor is that there is a sense of entitlement that local youth have, which entitlement means that they don’t have to work that hard to deliver their contracted labor. “Mama, hapa tunalipwa kazi kwa siku. Na siku ni kutoka saa mbili mpaka saa saba,” was how I was informed that wages were paid daily and the daily rate started at 8 am and ended at 1 pm. Right. Lesson 1: local labor was a seller-dictated resource. Promptly after that, the Member of the County Assembly (MCA) got my number and called me inviting me to a “small tea to raise funds for his son who was going to a university somewhere in the Rift Valley.”

 

I wouldn’t have picked this man out from a pod of whales if I stumbled upon it. Quite frankly, he could say the same thing about me. So I said the first thing that came into my umbrage-filled mind, “Well, where I am from men don’t ask women to support them financially, you don’t know what problems I have.” This smooth operator didn’t miss a beat, choosing to neatly sidestep that gender stereo based swipe. “Today it’s my turn, and tomorrow I will help you.” Gah! I mumbled some weak response and hung up. Lesson 2: telephone numbers of perceived wealthy city folks were highly valued currency in these parts. Which leads us to lesson 3: putting up a chicken wire fence held up by treated poles = massive wealth.

 

A few months later, I had fired the local caretaker as by now he had settled down neatly into his role as a labor assassin. How? As we were in the process of planting trees and needing to dig holes for the trees, he had created a cartel of laborers who would demand a pre-determined fee per hole. Then he realized that he could hire students for half the fee and arbitrage on the price differential. Now it’s not supreme powers of deduction that helped this telephone farmer discover that she was skirting on dangerous labor law infractions. No. It was the oldest form of skullduggery known to man: the disgruntled laborers blew the whistle and sang like canaries once they were cut off from the gravy train. Lesson 4: If you have a farm in County W, hire your caretaker and all subsequent workers from Counties X,Y and Z. Mix and match. Divide and rule. The colonialists knew exactly what was needed to tame the African native into a self-preservative existence.

 

The cherry on the icing of this welcome-to-rural-life soliloquy was a text message that I got from the local parish priest. (Please refer to lesson 2 above about mobile numbers being currency) “Dear madam: we are having a harambee next June and your contribution would be highly appreciated.” To which my prompt response was: “Dear Father, I am yet to receive a ‘welcome to this parish’ message from you. It would be nice to be welcomed with anything other than a request for money.”

 

Okay, fine. I didn’t send that text back. But I certainly thought those exact thoughts. I just ignored it and I am preparing for a case to answer when I get to the pearly gates. But it did lead to my final lesson number 5: the Nyumba Kumi initiative is a very urban construct. In the windswept plains of Laikipia, you couldn’t operate a stealth bomber without folks over 100 miles yonder telling you the thread count on your pilot jumpsuit. If you’re thinking of buying land and starting a new life out in the sticks, forget anonymity. It doesn’t exist.

 

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Twitter: @carolmusyoka

Data Makes For Big Innovation

Earlier this month, this newspaper led with a headline that Safaricom’s Fuliza product lent Kshs 6.2 billion in its first month after launch. In case you’re one of those laggards that hasn’t entered the mpesa universe yet, Fuliza was launched by Safaricom in January 2019. Its objective is to help the mpesa user avoid that embarrassing “oh-no” moment when goods or services that she wishes to purchase are literally in hand but the funds to pay are not. I signed up for the product following an SMS blitz by Safaricom as soon as it was launched for no other reason than to just stop the confounded messages coming through. Two weeks later I stood at the supermarket till purchasing items via Mpesa. Lord help me because I came up short, Kshs 434.74 to be precise. Usually I would give a sheepish grin to both the cashier and to the visibly irritated customers behind me and mumble something about “please let me withdraw from my bank” and have to wait several nail biting, interminable minutes as my bank’s mobile app chooses to be slow on that day at that moment. But the Mpesa app immediately prompted me to Fuliza – which, by the way, means “continue” in Swahili. In seconds I had been allowed to overdraw my Mpesa by that amount, the transaction was completed, I got an update that I was charged the princely amount of Kshs 4.35 for the overdraft facility and I now owed Kshs 439.09 due in 30 days. Most importantly, the fellows standing in line behind me never knew that I had run out of funds. At all. The next day I withdrew funds from my bank into Mpesa. Again I got a message in a split second, the outstanding amount had been automatically deducted from my funds. And my available limit was back to the Kshs 12,000 that I had automatically been awarded when I signed up.

 

Fuliza is a testimony to those two words you see being bandied about miscellaneously: “big data”. Big data are extremely large data sets that may be analysed to reveal patters, trends and associations relating to human behavior and interactions. CBA Bank, the creators of the first Mpesa based lending product Mshwari, used mpesa usage data to feed into their credit algorithm that calculated how credit worthy the loan applicants were. It soon became apparent that about 58% of mpesa transactions failed where the user was sending money to another beneficiary. But about 85% of the same transactions would be repeated within two days, that is, payment to the same beneficiary because funds were now available. It doesn’t take a rocket scientist to see that the data was speaking to a funding gap that would be eliminated within 48 hours as cash came in. In banking-speak this is what an overdraft does: provide a short term cash bridge pending arrival of funds. In the example above, my overdraft interest rate was 1% for a 30 day facility.

 

If you were to ask the over 400,000 customers that are using Fuliza daily as to what the annualized interest rate (12%) is, they’d tell you that they didn’t care. I certainly didn’t at the point where I was standing at the till with a basket of goods already packed and carefully perched on the counter ready for my hasty exit. Actually neither do the millions of Mshwari customers who are ready to pay a flat fee of 7.5% for a 30 day loan (again, if you annualized that you would get 90%). The Fuliza product currently endures a default rate of less than 1%. So for every 100 shillings that are lent out, less than 1 shilling is lost. The automatic limit that I received of Kshs 12,000 was done without my asking and without my knowledge. The bank just used my data to generate a very important product for me.

 

 

To the Kenyan legislature, the lesson here is this: a little bit of research would have led you to see how you could force banks to use the reams of data that they have about their customers to provide a better and differentiated pricing which would have achieved the goal of lowering the cost of loans. Instead, the largely uninformed interest cap route taken has ended up drying credit supply. What these mobile loan applications are telling parliamentarians is that at the end of the day, the retail client is indifferent to the price. He just wants to “fuliza” his life!

 

[email protected]

Twitter: @carolmusyoka

 

 

Leadership Is An Art Form

Many moons ago, I worked as a senior relationship manager within the corporate banking division of a major bank in the country. I had done corporate banking for a while by then and pretty much knew the nuts and bolts of finding structured working capital solutions for private and public sector institutions. As luck would have it, I took over my boss’s role as he was leaving to take on a different position elsewhere within the group. At our handover lunch, he imparted his words of wisdom which I carry with me to this day. “Carol, you’re about to take over a very high performing team. These guys have been your peers for a long time. You cannot manage them the way I have managed all of you. You’ve always known me as the boss, so taking directions from me was easy. With these guys, you are going to have to collaborate and influence, rather than command and control.”

 

I led this team because my former boss took the time to explain to me that I was about to take over the reins of a high performing team who should be allowed to do what they did best, leaving me to juggle the various stakeholders that needed to be managed to enable the team to perform well. I got to thinking about this when I saw some idle chatter at a forum talking about how the CEO of our biggest power utility needed to be an engineer. Why? Because only an engineer could run an institution that distributed power.

 

The same fallacious argument can be applied to an airline needing to be headed by a pilot, or a hospital needing to be headed by a doctor. Apart from being very insular, such an argument fails to take into account that leading an organization is less about one’s technical skills and more about one’s leadership capabilities. Which is why we end up with very many CEOs and heads of institutions who have been promoted to their precise level of incompetency and who have triumphantly led those institutions down a cataclysmic rabbit hole.

 

A CEO’s primary jobs are to know how to manage both internal and external stakeholders as well as to get the right people to do the right job. Regarding the latter, he needs to ask them the right questions to know if they are doing the right thing. Too many rights, right? Puns aside a classic example would be the retiring head of Absa Group Limited (formerly known as Barclays Africa Group) Maria Ramos after ten years at the helm. Ms. Ramos joined Absa/Barclays as the Group Chief Executive in March 2009 from her previous role as Group Chief Executive of Transnet Limited. Transnet is the South African state owned freight transport and logistics service provider. Prior to that she served as the Director General  of the South African National Treasury.

 

She had no executive experience in the banking industry and led the bank through very difficult transitions first with the consolidation of all the Barclays entities in Africa into one legal South African registered group, followed by the grinding divorce of the group entity from its London based parent. At her time of joining, the marriage between the Barclays and Absa in 2005 had not been well consummated leading to two very different cultures, disparate centres of power and all the ugliness that follows what the acquiring party (Barclays) called an acquisition of 56%, while the acquired party (Absa) called it a merger of equals.

Having taken over from the very dyed-in-the-red-wool Absa stalwart Steve Booysen, one of Ms. Ramos’ first tasks was to establish a team of executives that would deliver on integrating the two entities so as to derive from the synergies that were heralded at the time of the acquisition four years earlier. She also had to navigate the minefield of a growing black management cadre following the successful implementation of Black Economic Empowerment (BEE) initiatives in a traditionally white, male dominated institution. Her negotiation skills were exemplified when Barclays PLC agreed to a billion dollar divorce settlement which is to pay for investments required in technology, rebranding and other separation related expenses.

 

The point is this, Maria Ramos remained as the head of one of the top four banks in South Africa (and quite likely Africa as a whole), for ten years not based on her banking credentials, but on her capacity to lead a very complex institution during very complex situations. So at the next board interview for a CEO, you as a director need to ask yourself whether the person seated in front of you can lead or even build a high performing team. Not whether they have the engineering credentials of the guy on the ground.

 

[email protected]

Twitter: @carolmusyoka

 

 

 

 

Situational Leadership

Tucked into a 5 acre corner of Riverside is a first of its kind office and leisure development called 14 Riverside. Straddled to the north by the Nairobi River and to its south, the Chiromo Campus student hostels, 14 Riverside is not easy to see from Riverside Drive and many Nairobians would have struggled to place its location, or even known of its existence before 15th January 2019.

 

John (not his real name) is a CEO of a medium sized business that was based in one of the 14 Riverside buildings. Having heard the first explosion, he ran out of his office and encountered Martin, (not his real name) one of his team members who had yelled out “bomb” to all the staff in order to get their attention. Without hesitation, Martin began mobilizing staff to vacate the second floor offices through the fire exit. Speaking authoritatively and brooking no resistance, he pushed as many staff as he could out of the door, down the stairs and out through the fire exit where they ran northwards towards the emergency exit gate that the property had provided in the event of the very disaster that was now playing out. The CEO recollects that he just followed the instructions as given, without thinking twice because of the way Martin ordered all of them to leave. By the time Martin finally got down to the exit, he was unable to leave as the shooter was now in close proximity and he had to run back to the office and hide together with other staff. The good news is that they were eventually found and released unharmed later that evening.

 

As John recollected the story, he continued to marvel at how everyone submitted to Martin’s commands even though Martin was not a fire marshall or former military staff. It was simply the way he instinctively took charge and seemed to know what to do that led everyone to follow his instructions which saved lives. Martin demonstrated situational leadership at a moment when there was very little time for the organization’s leaders to think, plan or mobilize an emergency protocol. The worst situations can seemingly bring out the latent skills that lie within us.

 

The interesting thing about watching the DusitD2 attack as it unfolded on live television was that several different teams showed up, ostensibly to help immobilize the attackers and provide medical assistance to the injured. There was no panic, no scrambling about. Just methodical and controlled responses. An operational zone was established that pushed back the media away from the hot areas. The Kenya Red Cross set up their control centre from which to provide psychological assistance and tracing of missing persons. Different armed units rolled in and disappeared into what must have been a command centre somewhere within the bowels of the complex from which instructions were being given on who should go where.

 

And within 24 hours, the shooting was over. Over the following weekend, a few of the building’s tenants were allowed to go in and assess the damage. The feedback was amazing: other than damage caused by the bullets which shattered glass entry doors, most offices were left intact. No personal effects disappeared. No mass looting took place. When we were told that the area was declared a crime scene and was sealed, that is exactly what happened. The Westgate fiasco appeared to have drawn various learnings that were visibly applied. On the face of it, the emergency responses appeared to be well coordinated and singing from one command centre hymn sheet. This is particularly so since our collective national trauma following the Westgate terrorist event in September 2013 was first caused by the dastardly shooting of innocent victims followed to a large extent by the horror caused by the “guys in charge” who were supposed to be leading a rescue operation. From a recce squad that went in and pulled out in disgust following the accidental shooting caused by “friendly fire” to a troop of shopping savvy army soldiers who came out with as much gunshot residue on their fingers as they did items off the supermarket shelves.

 

To the families, friends and colleagues of those who died at 14 Riverside please accept my sincere condolences for your loss. Eternal rest grant upon them oh Lord and may perpetual light shine upon their souls.

 

[email protected]

Twitter: @carolmusyoka

Big Bang Change Initiatives Never Work

In 1843, Daniel M’Naghten tried to kill Sir Robert Peel, England’s prime minister at the time. M’Naghten thought that Peel wanted to kill him and while trying to shoot Peel, he inadvertently shot and killed Edward Drummond who was Peel’s secretary. Medical experts at the time testified that M’Naghten was psychotic, resulting in a not guilty by reason of insanity verdict. Following the subsequent public outrage, the Lords of Justice had to define what the defense of criminal insanity was: “Insanity is a defense to criminal charges only if at the time of the committing of the act, the party accused was laboring under such a defect of reason, from a disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know what he was doing was wrong.”

Last Monday December 3rd 2018, much of Nairobi was brought to a standstill by a badly executed decision to ban matatus from the central business district. I want to imagine that there was a management committee meeting to plan such gargantuan decisions. In that meeting, the chief engineer would have said something like “a matatu is X metres long and Y metres wide thus it would require Z square metres of space in a terminus. The termini that we are envisaging for these matatus has a total of Q square metres of space and therefore has the capacity to hold  a maximum of ( Q divided by Z) number of matatus at any given time.” The chief city planner would have said, “Actually to your point, we have discussed with the matatu owners association and been informed that there are a total number of R matatu saccos, a total number of  S matatu routes and a total number of T matatus. The termini that we are designating for these routes will therefore have V number of matatus designated to going through it during a 24 hour cycle.”

 

The leader of that meeting, who would be seated at the head of the table in a faux leather executive chair, would swing on his seat from side to side nodding keenly. He would then lean forward, gently placing his elbows on the buffed faux mahogany table and form his fingers into a steeple. “What are the risks we are facing here, good people? What could go wrong, if we decide to go big bang and just announce a total ban?” To which his chief of staff would have said, “Well, based on the numbers being tabled before us, it is unlikely that we can accommodate all those number of vehicles in the designated termini. I suggest we first start with a pilot route, and we undertake a phased approach by testing it on a low traffic day like a Sunday to see the vehicle movements. We can then take the next step of pushing the pilot phase into a weekday to see the real effect. I suggest we start with one Eastlands route that has got heavy matatu traffic and that terminates where there are other operational matatus that can pick up the terminating passengers to take them on to the city centre.”

The fearless leader would lean back with a thoughtful expression on his face. “You!” he would point at his finance manager. “You’re always playing the devil’s advocate at our meetings. What else are we missing here?” The finance manager would pretend to look upset when he is secretly pleased that his contrarian views have been found to be useful. “Well, if we go big bang rather than do a pilot test, how far would people have to walk? Where would they walk? Is it possible that there may be a human traffic situation that criminal elements could take advantage of? What if there isn’t enough space in the termini, would that mean that the matatus could spill over into the streets and cause a tailback leading to a massive traffic gridlock? What if…what if it rains? What would happen to commuters? How about the disabled ones or the ones who are sick?”

“Enough! I’ve heard enough. Going big bang has more risks than benefits. We have to first do a pilot to understand how this might work following which we can figure out how to mitigate the known and yet to be known risks.” The legal manager would lean back and breathe a quiet sigh of relief. This big system change that his colleagues were proposing could later be viewed through a M’Naghten lens: Did management apply reason in their decision making and, where no reason was applied, did they know that what they were doing could have catastrophic consequences? I think Nairobians now know the answer to that.

[email protected]

Twitter: @carolmusyoka

CEO New Year Resolutions

New Year Resolutions From A Chief Executive Officer

 

I can’t believe the end of 2018 is nigh. It’s been a good year, at least far better than 2017 which I daresay we achieved budget by the grace of nothing but terrorizing staff. On my fiftieth birthday this year I promised myself that I would be more intentional about my goals so here are my 2019 resolutions.

 

Resolution 1

I will engage youthful customers. My marketing team keeps harping at me about how I am completely out of touch with that segment of our customer base. Of course I’m out of touch, those ingrates don’t have the spending power that our older customers have. Can you believe that marketing made me attend some allegedly popular Sauti something concert so that I could watch how the youth engage with products? I hated it. Loud, brash, packed like dengu in a bowl and no one seemed to have a concept of personal space. I think I prefer to observe these fellows on their social media turf. It’s more hygienic anyway.

 

Resolution 2

I will learn more about social media. My seventeen and sixteen year old daughters cannot get their noses out of their phones and burst out into laughter when I said that my Facebook account was proof that I knew social media. After threatening to cut off the wifi subscription for the house if she didn’t introduce me to what was considered cool social media, the older one showed me what I figure must be her ‘safest’ friend on Instagram. The pictures people put on their feeds or is it stories are cringeworthy. She showed me one of the feeds from the boys in her class. I need to have a long conversation with the principal of her school. How in heaven’s name can underage boys proudly post pictures of themselves smoking and drinking on a public forum? And these are the boys in class with my girls? I need to talk to my wife about home schooling. Maybe she should retire early since she’s always complaining about her job and teach our children from home. I asked daughter number two to show me her Snapchat account so I could join and learn. All I got back was a “You’ve got to be kidding me DAD, that’s gross”.

 

Resolution 3

Maybe I need to rethink resolution 2. Wife would never quit her job.

 

Resolution 4

I will have monthly meetings with my direct reports. Look I hate team meetings. All that people do in those sessions is whine about why they are not delivering on their targets. I prefer to meet my direct reports one on one so that I can really give them an unfiltered piece of my mind while in the privacy of my office. But my board chairman is getting concerned that my team seems to be disjointed and pulling in different directions based on his razor sharp observations. I think I’ll have people dial into an online conference number so we don’t all have to be in a room together at the same time and they don’t feed off of each other’s negative vibes.

 

Resolution 5

Scratch resolution 4. Who does the chairman think he is? I know how to get the best from my people and having team meetings is not the panacea. Divide and rule is how I’ve run this joint and it’s worked quite well for me since I became king of this castle.

 

Resolution 6

I need to work on my retirement plan. I need to start and finish building a house in Vipingo Ridge at the coast. I have no intention of building a house in the village, how will my peers ever get to see it unless they come there? Which we know that they will never come to that rural backwater. Vipingo has class, it has pedigree, it brings vacationers who always “ohhh and ahhh” when they see the homes there. That means that I need at least two more good bonuses. That means I need to cut off the fat found in the costs of running this place so that I can drive up the profit for the next two years. Let me look at those headcount numbers once again….

 

That’s it. No one said that they have to be ten resolutions. These will serve me just fine for now. It’s time to run this place like a boss!

 

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Twitter: @carolmusyoka

Gikomba on steroids Part 2

Last week I began the first of a two part series on how Gikomba market is the exemplification of Kenya’s entrepreneurial spirit. The only time the word “poverty” should be used in the same sentence as Gikomba is that there is a significant poverty of infrastructure conversely met by a wealth of gumption and fortitude within the trading community there.  After going through the furnishings section of the market, we made our way past hundreds of second hand clothing stalls to the fish market. The vehicle we were travelling in inched its way down to the fish market, with both sides of the muddy road teeming with second hand clothing stalls. Other traders, who were not fortunate to have the “formal” wood and iron sheet stalls, displayed their wares on plastic sheets by the roadside leaving only enough space for one vehicle and thousands of pedestrians to navigate their way.

 

We smelt the fish market before we saw it. Mary (not her real name) our fish trader came up to guide us to where to park. The piquant aroma of deep fried fish imbued the air as we walked to Mary’s corner. She tells us that the fish market was built in 1964 by the Nairobi City Council with only 24 stalls. Today it houses over a thousand fish traders who have occupied every single inch of space inside and outside the market. We see tilapia, nile perch and cat fish in both cooked and uncooked forms piled high on rickety wooden display frames. Fish is openly fried in deep metal karais on charcoal stoves with one trader loudly cautioning us “chunga mafuta, hapa hakuna insurance.” Once we sat down inside a stall that Mary has sub-let, she brings us up to speed on the current issues in the fish market. “I have been in the business for 17 years. It’s a good business, but in the last four years our market has been flooded by Chinese fish.” She has brought two samples of Kenyan tilapia and the Chinese variant. “You see this one?” she thrusts the darker, smaller version at our faces. “This is the Chinese tilapia. It goes for Kshs 150/- while the Kenyan one goes for Kshs 450/-. But you know what, cheap is expensive!”

 

Mary uttered a snort of derision and continued. “Tell me how my fish cannot stay more than two days without spoiling, yet the Chinese fish in the market right now comes here in boxes marked with an expiry date of 2020. What kind of  chemicals do they put in fish that makes them expire in two years?” She however recognizes that the government ban on imported fish which had been issued a few days earlier, will go a long way in restoring the Kenyan fishing industry value chain that was starting to be destroyed. Mary is rabidly nationalistic and says with the right infrastructural support, the local fish industry can cater to local demand. We attacked our lunch with much relish, washing it down with nothing but hope as it was very apparent that bathroom facilities would be an interesting experience that we were not ready to deal with.

 

From the fish market we moved to “Kachonga” an area in Shauri Moyo that is close to Gikomba. Here over six hundred wood carvers from Kenya and a few from Congo sit in iron sheet covered and wood framed stalls sculpting wood figurines for the tourist market. The same script prevails here: a poverty of infrastructure but an abundance of business zeal. We hopped, skipped and jumped around the muddy puddles, where again the traders covered their raw wood materials with plastic paper. Their cheery disposition belied their infrastructural woes but just like the Gikomba traders, the sculptors have self-organized into a trading community complete with a permanent structure of a showroom where orders can be placed. Across the markets we walked in, we saw nothing but innovation, strength of character and a doggone determination to do business under very difficult circumstances.

 

These markets are cash economies, with the whole working capital cycle represented there. Raw material suppliers, value addition conversion into manufactured goods and then the ultimate customers all in one region. It is an area ripe for trade finance innovation from the financial sector that has traditionally looked at more formally structured businesses that operate within concrete walls and tiled roofs. But all that would need to be backstopped by infrastructural support from the county government that would enable the traders to house their wares securely, operate in a sanitary environment and permit delivery of goods and services (including fire engines for the now ubiquitous Gikomba fires) via an all-weather road network. Creating such a conducive environment ultimately yields the added benefits of an attractive wider taxation bracket.

 

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Twitter: @carolmusyoka

Gikomba on Steroids

Lying due east of Nairobi’s central business district is the vibrant Gikomba market, fondly referred to by Nairobi’s urban youth as G-Mall. On Google maps it is an amorphously shaped region with a distinct southern boundary buttressed by the Nairobi River that weaves sluggishly past what is described as East Africa’s largest open air market. Google also provides interesting insights about this marketplace. Peak shopping times are from 11 am to 3 pm and people spend between 45 minutes to two hours there. An old friend and unrelenting champion for Kenyan small and medium sized entrepreneurs invited me to join her for a visit to Gikomba last week. The last time I had visited Gikomba was when I was a student at University of Nairobi, and we would go there to shop for second hand clothes.

 

Not much has changed in the last 20 years. Gikomba is a kaleidoscope of smells, textures, indoor and outdoor retail experiences and thousands of people jostling for space. Traders have self-organized themselves into the raw material section for wood, upholstery for furniture, finished furnishings, fish and vegetables, clothing, hardware, you name it, they’ve got it. Sort of like a Nakumatt on raw but incredible steroids. Our first pit stop was at the timber section. To get there we had to weave through a narrow alleyway in between buildings, dodging men carrying plywood sheets on their shoulders as they hissed to clear the pathway ahead of them.

 

There were lots of young men who seemingly idled to the side, but who I later came to discover are a key cog in the selling protocol of the timber section. These young men are brokers who “bring” customers to the timber traders and are rewarded Kshs 3/- per foot of timber that is sold to the converted customers. I asked one of the traders where they were sourcing wood from in light of the logging ban. He shrugged his shoulders and said Malawi, Congo and South Sudan. Business, just like nature, abhors a vacuum.

 

It had rained the night before, so we gingerly made our way through the muddy paths in between the timber sheds as bits of flying wood chips from lathing and planing machines filled the air and our faces. Every inch of space is covered by exposed towers of timber or upholstery sponge stocks. I’m told that the exposure to rain makes the sponges get wet and moldy and, since they are eventually covered by upholstery, buyers of furniture would never know that their couches contain potentially harmful agents. When family members are perpetually sick it is difficult to pinpoint that the problematic source actually stems from the furniture.

 

Eventually we got to a group of timber selling sheds that are on a sliver of land between commercial buildings and the Nairobi River. There is space wide enough for a single motor vehicle to slither through as the mud roads are slick with the previous night’s precipitation. Njuguna is the seasoned trader who blandly answers our questions about the area, as my colleague purchases wood. He points to the building under construction directly opposite us. “That is the result of the last fire that happened in Gikomba. The shops downstairs caught fire and the people in the flats above died from the toxic fumes that resulted as the stocks burnt. Those people were not burnt to death. They died from smoke inhalation.” It is easy to see why fire engines could never and will never get through to stave off fire emergencies. There are simply no paved roads. He points to the next building where the third and fourth floor are blackened with soot and covered with mabati sheets. The lower floors are still occupied. “That is where we buy electricity for our machines.”

 

Njuguna has a machine “ ya kupiga randa” which in plain English is for smoothening the timber planks using an electric plane. He pays Kshs 500/- daily to the building owner who has installed a genuine electricity meter in Njuguna’s shed to measure the daily usage. This scene is replicated down the entire street. Building owners who double up as electricity distributors because business, just like nature, abhors a vacuum.

 

The pulsating business environment that is Gikomba market is a cash economy that turns over hundreds of millions of shillings daily. Business thrives in spite of lack of infrastructural support such as roads, public toilets or permanent sheds to cover traders and their wares as well as. You cannot refer to SMEs in Kenya without picturing a Gikomba trader whose resilience and determination to thrive under incredibly difficult circumstances is unfathomable. Next week I will cover our tour of the fish market and “Kachonga” the home of Nairobi’s wood sculptors.

 

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Twitter: @carolmusyoka

Emancipating Yourself from Mental Slavery

While working with a group of bank executives in Johannesburg recently on the now ubiquitous topic of leading change in dynamic institutions, Sihle Shabalala was brought in as the keynote speaker. Sihle is a former member of one of South Africa’s notorious criminal gangs the 26s. He got into the criminal life early, and in his own words lived the life of luxury with cars, apartments and good times. Criminal life is a business enterprise like any other, he told us. He explained criminal risk analysis 101: “When you put a grills on your window, all I have to do is figure out how long it will take to cut them,” he mused. “I viewed that as a hurdle which simply required innovation to overcome. So if you decide to enhance your security by signing up for an armed patrol, I would research by observing how often the patrol van would cruise near the home during its patrol rounds and how many minutes it would take for the van to respond to an alarm. If it takes five minutes to respond, then I knew I only had four minutes to accomplish my task.”

Now you must understand how incongruous the scene was. Sihle standing up front at a luxurious hotel, with a head set microphone, dressed in a slim fitting navy blue designer suit, with a tan leather belt accentuated by matching tan leather shoes and casually talking about the thought process behind breaking into a robbery target. Having started early at the age of 19, he gradually innovated his model into business robberies and cash-in-transit heists: higher risks yielded higher returns. On the proverbial fortieth day of his criminal cycle, he was arrested and sentenced to serve eleven years at a maximum security prison.

“It was nicknamed Afghanistan,” he chuckled, “because no one wanted to serve there, even the prison guards.” But incarceration could not kill his entrepreneurial spirit so he became a key supplier of marijuana within a maximum security geographical market and he was therefore flush with currency. Incarceration also gave him a lot of time to read and think and a quote from a book triggered a process of blue sky thinking: “If you’re looking for a miracle in life and can’t find it, then be that miracle for others.”

There’s not enough space in this column to cover all that he said, but when he was released on parole in 2013, he gathered funds from relatives and bought himself a second hand laptop. The only place with free wifi was the central business district of Johannesburg, so he went and sat in a corner to download self-teaching materials on software coding. He taught himself three coding languages in six weeks and set up a business called Quirky Innovations. He now runs a program in South African prisons in the Western Cape teaching male and female prisoners how to code, and told us that he is a brand ambassador for consumer brands such as Red Bull, Levi Strauss clothing and has been a model for Samsung products in South Africa. He is also a sought after speaker globally including being a TEDx speaker. “People have told me, ehh Sihle, a criminal cannot get a visa. But what is that? I have given talks in Singapore, Sao Paulo in Brazil, Dubai and tonight I’m going to Paris!” The audience were blown away. Here was an entrepreneur who spoke about operational risk assessment, managing cash flows, supply chain management and, most importantly, innovation being the pivot for the success of a business enterprise. While Sihle had used all these parameters in criminal enterprise he had consciously made a change to use the same skills in growing his personal dream to change the lives of poor kids in the townships and prisoners. “I teach the kids to think in 3D,” he said before turning to a flip chart to write “Dream Different Dreams” in large letters. The biggest challenge Sihle left the audience with was that driving change in any way – personal or business – was an individual, mental decision. What drove him to change was an awakening that he now uses as his personal rallying call: “I can be incarcerated physically, but my mental revolution is not.”

I walked away from that session with strains of Bob Marley’s Redemption Song playing in my mind: “Emancipate yourselves from mental slavery, none but ourselves can free our minds.”

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Twitter: @carolmusyoka

The Silent Noise of Non Verbal Cues

About nine years ago when I was just starting out as a rookie in the consulting world, I teamed up with a senior consultant to submit a proposal to a mid-sized banking industry client. We were warmly met by the CEO in his office, where he poured each of us pretty decent coffee out of a French press into dainty cups. Once the small talk was over, my senior colleague handed over the proposal which the CEO opened with much flourish. His eyes slightly watered and his shoulders sagged imperceptibly all of which was noticed by my colleague. I, quite frankly, was still marveling at the piquant tones of the French pressed coffee that I was slowly sipping. We chitchatted and concluded the meeting with a promise from the CEO that he would get back to us.

I left the meeting with the presumption that we had the deal in the bag. My senior brought my pipe dreams to a resounding halt by the time the lift hit the ground floor. She described the CEO’s body language which belied the bonhomie that he displayed towards the tail end of the meeting. She was absolutely right. We never heard from him again.

Last week I sat through an interesting executive coaching training session. We undertook some practical exercises and the facilitator brought my own body language to my attention. I had started off my crossing my arms across my chest which is often perceived as a closed and defensive posture in a two person conversation. I was fairly ticked off with myself as I have often called out other people in sessions that I myself have facilitated for doing the exact same thing. But because I was self-conscious and slightly nervous about the exercise we were doing, I unconsciously reacted in a self-preservative manner. The CEO episode and my senior colleague’s instincts were my first true lessons about the subtle power of non-verbal cues in interpersonal encounters. So I learnt to spend less time savoring the coffee more time observing people during meetings which has helped me tremendously in determining if a meeting is making progress or not.

For instance, two colleagues that I have had to interact with in the past will only engage on business matters if I make my pitch within the first two minutes of the conversation. Strangely enough the two, who are completely unrelated but work in the same organization, cannot get past minute three without their eyes glazing over and their mind wandering elsewhere. Now you must understand, I am not there to ask for money or for a business deal. I’m there to discuss an issue in their respective organization that I am trying to sort it on their behalf. It was fairly disconcerting in the beginning as I would end up feeling frustrated and helpless as I nattered on ceaselessly (where ceaselessly would be about five interminable minutes) to an unresponsive counterpart. The options at the beginning were two: adopt the classic Kenyan passive aggressive behavior and simply stop talking mid-sentence or take the more dramatic approach which would be to snap my fingers in front of their faces and demand to be listened to.

But I had to take a step back and ask myself why these two fairly senior fellows both exhibited the same tendencies. Was it something about the organization’s strategic importance that ensured their minds were constantly whirring with activity which precluded their ability to concentrate on anything non-strategic? Their non-verbal cues were as loud as two clashing cymbals in a marching band. My solution to the problem was to speak rapidly in one minute and follow the opening line with a series of questions that start with “What do you think about….?” aimed at eliciting a response and hopefully a resolution within five minutes of the precious time I was being unconsciously allocated.
Non-verbal cues are an integral part of most interpersonal encounters and their recognition is a critical requirement in the emotional intelligence toolkit for team leaders. They often indicate the tone of a meeting and whether a positive outcome has been achieved consensually, rather than one party leaving a meeting feeling that he has achieved what is, in reality, a hollow victory.

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Twitter: @carolmusyoka

Magic and Miserable Moments

I promised my long suffering copy editor that I would submit a piece for Easter Monday given my regrettable absence last week. I was therefore writing today’s piece on the fly as I’m packing to take a quick Easter break and chose to borrow slightly from a piece I wrote 9 years ago about magic and miserable customer service moments. Many years ago, I walked into a supermarket in Johannesburg’s Rosebank Mall, and arrived at the till at 5:45 pm with less than five items in my shopping basket. The shop was due to close in fifteen minutes. The cashier mumbled something unintelligible to me, to which I responded “Pardon?”
Realizing that I was not a local South African, she repeated her sentence in stilted English, “Why you give me work to do, when you see it is time for closing, neh?” Following which, she reluctantly processed my five items, all the while clicking her tongue and muttering under breath words which I’m sure would turn my grey hairs blonde had I understood them. Until today, I’m not sure what surprised me more: the fact that she was unwilling to work 15 minutes BEFORE the shop was due to close or the fact that she actually articulated her displeasure specifically to me. Miserable moment! Closer to home in the same year, I was doing an inordinate amount of shopping in a leading supermarket in Kenya and my trolley was filled to the brim. The mere thought of parking it aside and walking several aisles back to get a new trolley was enough to make me try and pack the overflowing items in a smarter manner. One of the shop attendants suddenly appeared out of the blue with an empty trolley which he rolled to my side. He promptly took my heaving trolley and told me that he would place it next to the cashier counters where I would find it when I had completed my shopping. Magic moment!
Two years later, I went to the competitor of that leading supermarket. I was about 7 months pregnant and wanted help to get something off the top shelf that was slightly out of reach. So I pulled my “pregnancy privilege” card and stood there, arms akimbo, legs slightly parted while looking totally helpless. [In case you don’t know it, the pregnancy privilege card helps one get away with cutting long queues on election day, being allowed to use the business class toilet on a flight with a packed economy class or getting a seat in a standing room only event. It is a card I, and many of my female gestating colleagues, have used with ruthless abandon!] I stood. I stood some more. I stood for about 5 minutes, but in Greenwich Mean-Pregnancy Time it seems more like an interminable 30 minutes. Absolutely no one came. I then realized that Kenyan supermarket number one had ensured that each aisle in the supermarket had an aisle attendant. Someone who made sure that the shelves were constantly stocked, that any items picked were quickly replaced with items from the back, and that customers would have someone to refer to in case of any peculiar questions like “where can I find that orange black thingy that nani was using on TV to do nini?”

It had never crossed my mind that Kenya’s leading supermarket at the time ensured that most customer touch points consisted of magic moments. Meanwhile back at the competitor of the leading supermarket, a random staff member was three aisles down where I had waddled my way to and found him in a deep conversation on his mobile phone. I gesticulated the universal sign language for “I need help” which is something along the lines of a raised eyebrow and simultaneous shoulder roll with outstretched palms. He continued talking on the phone. I waddled slowly back to my trolley and gazed thoughtfully at the contents. I walked away from that miserable moment and from that miserable supermarket. Unsurprisingly, it is currently swimming in a cesspit of financial doldrums. The attitude of that aisle attendant was a natural reflection of the abject indifference the leadership had to the customer experience and to longevity of the brand. The retail industry is one of the key champions of mystery shopping. Getting an independent person to pose as a genuine customer and get a real feel of what customers go through is a very useful exercise in determining whether you are providing magic or miserable moments. Your wayward staff will never tell or show you the truth. Only your customers will. Happy Easter!

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Twitter: @carolmusyoka

How a successful interview candidate shows up

Last week I summarized a few past experiences as a job interview panelist, some of which experiences ranged from simply utter frustration to the more extreme stab-my-neck-with-a-blunt-fork boredom. The common denominator in all those experiences was a stark lack of self-awareness amongst many of the unsuccessful candidates, some of which can be cured by undertaking interview rehearsals with a trusted person while being filmed with a smart phone. Today I want to share the attributes of some of the best interview candidates I have seen.

Susan walked into the room shortly after lunch for a c-suite interview. The panelists were interview weary, having seen at least seven candidates before that, none of whom had engendered confidence. She was smartly dressed in a calf length dress and jacket, hair neatly tied back and wearing muted jewelry. She had a quiet disposition to her and sat with her back ramrod straight during the entire interview. Every time a question was put to her, she would write it down and then carefully reflect for a few heartbeats before answering softly yet supremely confidently. She knew her subject matter extremely well and peppered her answers with instances of when she had experienced the item under discussion during her career. Susan knocked the ball out of the park, and when we re-grouped as a panel once she had left the room we all unanimously agreed that we knew she had the job within the first five minutes of the interview. What’s interesting about Susan was that her whole demeanour was counter-intuitive to what panelists look for in a c-suite executive. She didn’t command attention as soon as she walked into the room, neither did she speak loudly and assertively to establish her place.

However, Susan had an unconscious personal mastery of self. Even though she was soft spoken, she looked all the panelists in the eye and took a moment to reflect on her answers before she began to speak. She knew her subject matter very well and established her credentials with the panelists by drawing on actual experiences rather than postulating theorems. By the end of the interview I wanted Susan to be my neurosurgeon if I ever had a cranial surgery or my cardiologist if I ever need acoronary stent.

John was interviewing for a c-suite role a few years ago. He walked into the room sharply dressed, giving all the panelists a firm handshake before he sat down. He said all the right things that we needed to hear and he knew the business very well. We all noted one thing though: John was a little bit too cocky and much too smooth. But he was the best interview candidate on the technical score and so he was awarded the role as the other candidates came nowhere near that score.

When the rubber met the road, it wasn’t long before we realized that John’s suavely delivered technical knowledge was all hat and no cattle when it came to execution. He knew what needed to be done but couldn’t get out of the office to light a fire under the troops even if he was hit with a rocket propelled grenade. This experience, I must admit, has stayed with me and imprinted a negative bias during subsequent interviews which have smooth talking, cocky candidates: will they stand the test of time when they get past the interview post? Hence the benefit of an interview panel, especially one with seasoned panelists including a human resource practitioner who can challenge each other on visibly demonstrated bias.

Some of the best interview candidates I have seen do a lot of research on the organization before attending the interview. They know who the organization’s key stakeholders are be it clients, suppliers, regulators, shareholders and competitors. They’ve googled what are the hot items bothering the organization or its industry in the media and are careful to maintain neutrality of opinion as they discuss the issue. They are quickly willing to admit when they don’t know the answer to a question posted to them but assure the panelists that they could possibly find out the answer if given an opportunity to. They are confident, without necessarily being loud and they are knowledgeable about their subject matter without being condescending. And finally, but most importantly, they are remarkably self-aware.

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Twitter: @carolmusyoka

How Not To Interview For A Job

I recently started following a prominent politician on Instagram for no other reason than the entertainment value derived when seated for interminable hours in Nairobi traffic. I concluded that if he spends as much time delivering on his mandate to his county constituents as he spends on his personal and highly publicized grooming, he will certainly introduce a much-needed amalgamation of diametrically opposite precepts: Yves St. Laurent please meet Lee Kwan Yew? Over my professional life, I have had the opportunity to sit in on interviews for various roles from junior clerks to c-suite executives. The variety of individual approaches to this grave endeavor runs the whole gamut of human intellectual effort, much like the fashion-meets-county-governance convergence.

Take for example Mary* who was once interviewing for a c-suite role. She walked into the interview room and was greeted by name by the lead interviewer. She very loudly and pointedly corrected the lead interviewer that her name was preceded by the title “Dr.” as she was a PhD holder. Alright then, the interview was off to an intellectually snobbish start. As the interview proceeded, Mary circulated a neat folder with copies of her original academic certificates individually encased in the transparent plastic compartments that made up the folder’s pages. However, the first three pages were full of photographs of the same Mary in various work-related functions, meeting prominent personalities within her industry. The photographs were individually labelled with a blurb noting who was in the picture, which faces were fairly unfamiliar to the interview panelists but clearly of profound import to Mary.

From its intellectually snobbish start, the interview was now galloping at full braggadocio speed. Key lesson to any potential interviewee: humility is not a biblical concept. Interview panelists are more impressed by the interviewee’s grasp of industry knowledge and personal mastery of her craft, rather than who she’s met and what she wants to be referred to. Calling an interviewee by the wrong name or title can in some cases be a deliberate tactic to see how the interviewee will react in the face of social provocation.

One conclusion I can draw from the countless interviews I have participated in as a panelist is that many of us are greatly lacking in the significant personality trait called self- awareness.Executing a breathless monologue for 7 wretched minuteswhile completing ignoring the body language of panelists who are slowly sliding off their seats and under the table in despair is a key pointer to lack of self-awareness. Learning to watch out for verbal and non-verbal cues to stop talking is critical. Verbal cues would include “ok, right” or “that’s fine” and are usually accompanied by a grim expression that should not in any way be misinterpreted as encouragement to prattle on. Non-verbal cues would include the panelists losing eye contact with the interviewee, panelists enviously looking through the window at the guy mowing the hotel lawn outside or the panelist writing long shopping lists on the side of their interview score sheet.

A good trick I’ve learnt along the years is to get a trusted friend or relative to take a video of you as you answer some questions during a pre-interview rehearsal. With even the most basic smartphone today, you can take a few minutes of video that will play back some interesting self-revelations. Videos demonstrate what unconscious idiosyncrasies you have like inserting your left finger into your right nostril when your nervous, your use of verbal anchors like “umm” and “err” before you answer any questions or as you string an answer together which may come off as being unsure or just verbally incoherent, or your habit of speaking to the screen when undertaking a presentation rather than looking at the panelists and building a connection through eye contact. A video also helps you see how you pace yourself as you speak and whether you think before you answer or just rush into giving an answer through a rambling monologue that hopes to arrive at a triumphant result somewhere near minute 6. It will also reveal distracting inclinations to cover your mouth with your hands as you speak, which means that panelists don’t quite hear what you’re saying. Next week I will cover how some of the best (and therefore successful) interviewees have shown up at their interviews.

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Twitter: @carolmusyoka

How to assess your risk appetite

Last week I touched on the topic of risk management and why boards of directors need to familiarize themselves with the topic. A risk is an uncertain event or condition that, if it occurs, can cause significant negative impact for an entity or individual.

Take the example of a member of parliament (MP). He is a fairly well paid public officer earning a six-figure salary, as well as pretty good perks like car grants and sitting allowances. The risk that he faces is that in five years, come the next election, he will have to expend an inordinate amount of time and resources to ensure his re-election. Since he has achieved a certain taste in lifestyle such as all expenses paid foreign trips, mileage allowances, state sponsored security etcetera, a loss will cause a significant negative impact for him. One way to mitigate such risk is to undertake a risk versus reward calculation. As chances of re-election are almost slim to none without pouring massive investment into the next party nomination process, the next best thing is to ensure that he acquires as much wealth as possible in the shortest time so help him God and may the Salaries and Remuneration Commission be damned. He would therefore support all efforts to reduce mileage allowances as well as salaries and gorge himself silly at the trough of state coffers while the belt of austerity girdles all other public expenditure. A high risk of being thrown out at the next election is matched by the commensurate quest for high reward.

Organizations require to regularly map out all the risks appertaining to their existence such asrevenues, costs, operations, facilities, taxation, fraud, cybersecurity, regulatory interventions amongst myriad others. Typically, each department should map out its risks and then the executive should map out what the overall key risks are and map them out on a table to determine their probability of occurrence versus the impact of such occurrence. (See image). This table is referred to as a risk heat map which visually illustrates what the risks faced by the organization at regular points in time are.

Thus a company that deals with plastic packaging would have identified and mapped out the risk of a regulatory intervention from the first time Kenya attempted the plastics ban during the Kibaki administration through various tools such as punitive tax and eventually an attempt at an all-out ban in 2011. Once the ambient noise about a ban began to get louder, that risk would have moved to the top right quadrant of high probability and high impact. When the ban was revoked, it should have remained in the high impact, but moved lower down the Y axisto medium likelihood. A well -informed board would put management to task as to what mitigants they are putting in place to diminish the risk. Hope is not a strategy, and a sheepish response from management that they’re hoping for an eventual change of government should never pass muster at the board level. Particularly since in subsequent years there was a successfully enforced plastic ban in Rwanda. Management would have done well to start looking at alternative packaging materials in the likely event that the risk of a total plastics ban would materialize.

But it’s not only the plastic packaging manufacturers that should have been watching the government moves with a tremulous lower lip and beads of perspiration speckled above their upper lip. Soft drink and bottled water manufacturers should have upgraded the regulatory risk of a total plastics ban to a high probability faster than they could spell polyethylene terephthalate, commonly referred to as PET. PET, which is used to manufacture many of the soft drink and water bottles, is a much-maligned material due to its primary inability to biodegrade.

It is noteworthy that while a risk heat map tries to identify the key risks that management faces in running the organization, it should be a dynamic rather than a static tool as risks shift constantly in likelihood and impact, with some extinguishing entirely while new ones appear in the ordinary course of time. The greatest danger for organizations is a risk agnostic board. There is no sustainability in adopting a high risk, high reward strategy for the short term. Unless of course, you’re an MP.

[email protected]

Twitter: @carolmusyoka

Legislative Help for Suppliers against Wayward Retailers

The following announcement came over the supermarket’s Public Address system: “If someone here has a convertible car with the top down, it just started raining. Towels are however located in aisle number five.”

In July 2017, the State Department for Trade in the Ministry of Industry, Trade and Cooperatives issued a document titled “Study on Kenya Retail Sector Prompt Payment” in response to challenges faced by agricultural and manufacturing producers that had and have continued to face various problems with late payment from retailers. The aim of the paper is to create a base for the creation of a legal and regulatory framework for the retail sector. In simple terms: tame rogue supermarkets that have siphoned off cash meant to pay suppliers and placed it in dodgy side hustles. Working in close collaboration with the Ministry were the Retail Trade Association of Kenya (RETRAK), Association of Kenya Suppliers (AKS) and the Kenya Association of Manufacturers (KAM).

The report makes for very interesting reading if you’re seated in the confounding Uhuru Highway gridlock with nothing else to do other than twiddle your thumbs. The upshot is that there are various reasons for the delayed payment of suppliers by supermarkets (Nakumatt and Uchumi are obviously top of the heap in the culprit pile) some of which reasons are demonstrative of a predatory culture of bullying that some of the supermarkets have inculcated. The suppliers list 12 reasons of which I will repeat a few here: a) Lack of written agreements due to retailer refusal to collapse contractual terms into writing; b) Refusal to receive specifically ordered goods; c) Transferring commercial risks that are supposed to be borne by the retailer to the supplier; d) Unjust return of unsold goods at the supplier’s expense, including fresh produce that cannot be resold. The fifth reason is perhaps the most revealing, which is e) Use of delisting threats to obtain undue advantage and suppress suppliers from raising genuine complaints against retailers.
Look, just like any marriage there are two sides to every story and I am sure the retailers have their own sorry tales to narrate but were fairly unwilling to participate in the questionnaire issued by the report’s writers. It is however fairly revealing that, similarly, very few of the AKS and KAM members chose to volunteer the information for fear of backlash through delisting. Only 22 out of 1,000 members of AKS chose to provide information while only 37 out of 650 companies that are KAM members chose to participate in the survey. The report estimates that the total outstanding debt to all the suppliers is in the range of Kes 40 billion at the time of publishing. What’s more, 5 supermarkets accounted for 92% of the debt owed above 60 days with Nakumatt and Uchumi taking up the lion’s share at 73% of the total debt.
Of course the million dollar question is: who are the other 3 supermarkets? Well you would have to get the report to find out, but I would be very worried if I was their banker as a stretched creditor status is always a sign of distressed cash flows and an underlying management problem specifically when over 90% of cashier till payments are made in cash or cash equivalents like mpesa. And with the carcasses of Nakumatt and Uchumi currently floating in the river of ignominy, the banks are certainly breathing hard over the shoulder of these supermarkets. The supermarkets, in their defence, can argue that delayed creditor payments is their way of financing their own working capital and has, quite spuriously, become an industry norm. But one shouldn’t have to suck the blood of a weaker party to grow one’s wealth unless one is a mosquito.
The report concludes by proposing a Supplier and Retailer Code of Practice that draws from practice in other international jurisdictions as well as local experience to ensure a fair trade playing ground that enables prompt payment and respect for contractual terms whether written or otherwise. The plan is to have the State Department on Trade embed the same in regulations for prompt payment in the retail sector once alignment is found between all the stakeholders. If there ever was a time needed for a regulatory towel to absorb the mess created in a declining retail sector, it is now. We leave it to the Ministry of Industry, Trade and Cooperatives to restore much needed sanity on a critical part of Kenya’s economy.
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Twitter: @carolmusyoka

Elvis has left the IEBC building

Following the dramatic resignation of Commissioner Roselyn Akombe mid last week, the immediate thought that came to mind to summarize the sensational exit was:“Ladies and gentlemen, Elvis has left the building. Thank you and goodnight!”

The phrase “Elvis has left the building” was often announced at the end of Elvis Presley’s concerts to encourage rabid fans to accept that there would be no further encores, and that they should pack up and go home. The phrase has morphed from its American pop culture origins into a generally accepted euphemism for someone’s departure, dramatic or otherwise.

On August 14th 2017, shortly after the elections, I opined in this column that the corporate governance structure of Kenyan constitutional commissions and the Interim Electoral and Boundaries Commission (IEBC) in particular, was a unique mongrelization of the executive and oversight roles of a body corporate. The IEBC Act creates a commission made up of 8 members and a chairperson. The Act also creates the role of a secretary to the commission, who shall be the accounting officer of the institution.

A look at the act makes for fairly interesting reading. At no point is the chairman referred to as an executive chairman, nor are the commissioners defined as executive. This executive role can be viewed as being derived from both Article 88 (4) of the Constitution read together with Section 4 of the IEBC Act which states the role of the commission is to oversee the mandate of providing elections and referendums as well as and determining electoral boundaries in Kenya. Section 5(4) of the IEBC Act then gives the executive power to the commissioners when it states that the chairperson and members of the commission shall perform their functions as provided in the Constitution, and the secretariat shall perform the day to day administrative functions. And just for avoidance of doubt, Section 7 (2) of the IEBC Act, states that the commissioners are expected to serve on a full time basis.

Section 10 creates the role of the secretary to the commission who, under subsection (7) (a),shall be the Chief Executive Officer, under subsection (7) (c) shall be the accounting officer and, most importantly, under subsection (7) (e)(i) shall be responsible for executing the decisions of the commission.

The act thus blesses the CEO with full time commissioners whose decisions he is responsible for executing, while he remains the accounting officer for the financial outcomes of the organization. But the events of last week, following Ms. Akombe’s resignation and the Chairman Chebukati’s stinging indictment of his own commissioners displayed the inherent weaknesses in the mongrel governance structure.

In an ordinary public or private corporate institution, a non-executive board provides oversight and strategic direction to the executive management who undertake the day-to-day operations. By separating the two, it creates a layer of accountability for the executives as well as a point of reference for major decisions that need “independent” eyes to probe the justification and rationale that guided the thinking behind the decision. Equally important, it allows the chief executive a safe landing in the event that external stakeholders question the decision, as the CEO can simply point upwards and say:“the board approved the resolution.” If you need a recent illustration, look no further than the recent case of the Kenya Airways chairman Michael Joseph who vigorously defended the airline’s CEO’s decision to hire five Polish nationals.

However in the case of the IEBC, Chairman Chebukati is, for all intents and purposes, a CEO of an executive team of commissioners who do not have the safety structure of an oversight board to provide strategic guidance and independent thinking that questions those very decisions.

Those decisions must be taken in utmost good faith. Article 250(9) of the Constitution of Kenya states that a member of a commission, or the holder of an independent office, is not liable for anything done in good faith in the performance of a function of office. This is further entrenched in Section 15 of the IEBC Act that provides the same protection from personal liability for commissioners and officers for acts done in good faith. If Ms. Akombe and Mr. Chebukati’s allegations last Wednesday are to be believed, then good faith has also left the building. All the commissioners and the officers of the IEBC must remember that they will be personally liable for any action, claims or demands that may arise in future for decisions taken in bad faith.

[email protected]

Twitter: @carolmusyoka

Hotel expansion leads to talent contraction

[vc_row][vc_column width=”2/3″][vc_column_text]Two weeks ago today, at or about 11 o’clock in the evening, I arrived in Canaan. The Golden Tulip Canaan to be precise. It’s a brand spanking new hotel that is less than 2 months old, built in the heart of Kampala’s Nakasero district. Having arrived late in the night the hotel’s unmistakable silhouette could be seen from a distance due to the exterior glowing LED lights cleverly positioned to create a picture frame on the entire front of the edifice. A very friendly staff checked my tired bones in but not even exhaustion could stop me from appreciating what a new hotel smells and feels like in the beautifully furnished rooms and spacious bathrooms. But the promised land of four-star hospitality came to a crashing halt the next morning at breakfast.The receptionist had informed me that breakfast would be served from 6:30 a.m. but having walked in at 7:00 a.m for a client breakfast meeting, I found little sign of life or food in the dining room. It went down Joshua’s hill from that point on and only a fairly responsive manager helped to stem the unraveling crisis that ensued.

On that same morning, this newspaper in an article titled “13 new hotels to enter Kenya in next 5 years” quoted a PriceWaterhouseCoopers (PWC) Hotel Outlook report that predicted 13 new hotels opening in Kenya by the year 2021 which would add 2,400 rooms and expand hotel capacity in Kenya by 13%.This creates an oxymoronic impact: good news for the industry, bad news for the industry. The good news is the fact that Nairobi’s continued growth as a regional business hub and conference destination could only be sustained with the necessary supporting infrastructure of an expanded airport, feeder roads and international business grade hotels.

The impending entry of international hotel brands such as Sheraton, Mövenpick, Ramada, Hilton, Best Western, Radisson and Marriott is a testimony to the country’s growing international business stature and provides an excellent opportunity for overall service in the hotel industry to upscale. The bad news is the fact that such rapid growth in the same industry will lead to significant movement of experienced hotel staff in an extremely limited four and five star hospitality segment.

Business human resource strategies take one of three forms: build, buy or a combination of both. A build strategy may be more cost efficient in the short term as the organization hires low experienced staff but it requires massive investment in training to up skill employees to the service levels required. A buy strategy is effective in the short term as the organization hires experienced staff typically at a premium over their current salaries at their existing places of work. But such premiums add a cost to the overall payroll and create discrepancies in pay scales for staff at the same level within the buying organization. A combined strategy allows for a careful balancing and targeted acquisitions, while ensuring the “bought” resources are embedded as part of the training strategy required to maintain the service levels.

Whatever the HR strategy, existing four and five star hotels will have to adopt a defensive mechanism to stem the impending talent attrition.Throwing money at this problem is not a viable option as our hospitality industry is still recovering from the effects of terrorist attacks and the subsequent travel advisories leveled against Kenya in the last four years. This will require some scratching of heads to find and develop golden handcuffs to lock down experienced and talented resources while also preparing to lose the second layer beneath them who are chomping at the career growth bit and are the obvious targets for new employers. The good news is that Utalii College should see a resurgence in activity and demand for training from new recruits.Even better news is that there are now homegrown options for the many Kenyans working in the Middle East hospitality hubs of Dubai and Qatar. For all the money used to build a hotel, the last thing a hotel investor wants to create is my recent Canaanite experience: all the lights are on, but no one is home. People drive a business, not just posh facilities.

[email protected]: @carolmusyoka[/vc_column_text][/vc_column][vc_column width=”1/3″][/vc_column][/vc_row]

Election Promises and Pipe Dreams

[vc_row][vc_column width=”2/3″][vc_column_text]Read my lips: no new taxes” was the watershed statement of George Bush Senior’s presidential career. He first stated it at the August 1988 Republican National Convention as a pledge not to tax the American people further, as per his campaign platform. It is believed to have helped him win the election in November that year. However in 1990, the Democrat controlled Congress came to a budget agreement with his administration that ended up increasing taxes in order to reduce the existing budget deficit. His Republican opponents during party primaries, and Democratic Party candidate Bill Clinton in the main presidential campaigns, derisively reminded him of his failure to live up to the campaign promise. “Read my lips: I lied” was their snarky counter claim.
Sneaking in between Bush Senior and Clinton was Texan billionaire Ross Perot who was running as an independent candidate. The growing federal budget deficit and fears of professional politicians allowed Perot’s candidacy to flourish as a credible alternative. By June 1992, Perot led national public opinion polls by 39% compared to 31% for Bush and 25% for Clinton. The presidency was his to lose if pollsters were to be believed. Part of his campaign bellowed against the growing levels of internal and external debt that were driving the enormous budget deficit. A few fatal missteps led him a drop in popularity, including dropping out of the race in July and re-entering the race in October. He still finished with a decent 19% of the popular vote in the main November 1992 election which was the most won by a third party presidential candidate since Theodore Roosevelt in 1912.

The first part of the July 24th 2017 Kenyan presidential debate featured three independent candidates. On the podium was the potentially fiery intellectual collective of Dr. Ekuru Aukot, Dr. Japhet Kaluyu and Professor Michael Wainaina. But alas, if anything, what we saw was that collective intellect being cremated, ignited largely in part by the fire of moderator Yvonne Okwara’s sunny disposition. Just as I was thinking: I can’t see the difference in any of you, Yvonne stepped into the realm of my audience world and noted how all the candidates sounded the same. From the Rhumba hit: “I will get all youth laptops” to the country music song: “I will cut the cost of living” and the reggae riddim: “I will reduce taxes” we were treated to promise after eye rolling promise of what they would do. The ubiquitous cherry on the icing of the political promise cake was the “I will get rid of corruption” mantra that only lacked strains of Bach’s Cello concerto in G minor playing in the background, to give it the gravitas it struggled to generate.
What would have made a significant difference in the candidate rhetoric would have been the “how”, not the “what”. How will all those promises be met, particularly where economic impact is being dangled like a cold can of beer at a crowd of rugby fans? Dr. Aukot slyly asked the audience to check out his manifesto on his website ekurunzai.com during his talk time which I did. On the site, Dr. Aukot leads with what he will do with taxes in four bullet points that each start with the words abolish, waive, waive and abolish. I can hear the guys in the hallowed Treasury building snorting with derision. How can you run, let alone grow your economy by abolishing and waiving all manner of taxes unless you’ve got some new ones hidden under your collar? Neither Dr. Kaluyu nor Professor Wainaina provided additional insight on how they would deliver on what they were promising for the economy nor did they provide links to any websites.
Ross Perot’s 50-page economic proposal included cuts in domestic spending, an increase in income taxes for the wealth and an increase in petrol tax in order to eliminate the budget deficit in five years. According to exit polls, majority of Perot’s supporters were white males, with 63% aged between 18 and 44 and about two thirds had not received a college degree. Wanjiku would understand if you told her that in order to improve her life, you would tax wealthy Kenyans more and use those taxes to pay for her kid’s education or her health.
Bill Clinton aptly campaigned that year: “it’s the economy, stupid!” to summarize everything wrong with George Bush. Future independents would do well to hire economists as key campaign consultants. In the meantime, vote wisely tomorrow.

[email protected]: @carolmusyoka[/vc_column_text][/vc_column][vc_column width=”1/3″][/vc_column][/vc_row]

Can You Learn To Unlearn

“The illiterate of the 21st century will not be those who cannot read or write, but those who cannot learn, unlearn and relearn.” Alvin Toffler, Futurist

I recently attended a talk by a South African futurist, Craig Wing, who began his talk with the quote above. Learn, unlearn and relearn. Craig walked the audience through technological megatrends that should keep every single corporate leader’s nose glued to their smartphone. To begin with, a 2014 study of the average life span of American companies on the S&P 500 Index by Standard and Poor’s yielded interesting results. In 1955 the average life span of an American company on the index was 61 years. In 2016 the average life span was 21 years and by 2027, projections based on current data estimate that the average life span would be 14 years. There is no better evidence of how this happens than outgoing Nokia CEO Stephen Elop’s quote in 2013 following the takeover of the company by Microsoft: “We didn’t do anything wrong, but somehow we lost.” The seemingly defeatist statement understated the myopic nature of the firm as it cruise controlled itself from relevance while Apple and Samsung were flat footing the accelerator in the smartphone space.

Another industry at a confluence of shifting consumer preferences and channel disruption is the retail industry. Singles Day in China falls on November 11th every year, or, more aptly 11.11 as the digit one purportedly looks like a solitary individual. The festival is a product of Chinese social culture amongst the youth to celebrate the fact that they are proud of being single. It has evolved into the biggest online shopping day in the world and a wonderful thumb up the nose to the more insular Valentine’s Day culture. Alibaba, the Chinese largest online shopping portal has registered phenomenal growth on this day alone. Sales in 2013 were US$ 5.8 billion, $9.3 billion the year after [when Facebook’s annual revenues were US$ 12.5 billion], $14.3billion in 2015 and tripling the 2013 numbers to a whopping $17.8billion in 2016. I forgot to mention one notable point: These were sales taking place within 24 hours, translating into processing numbers of 175,000 orders per second and 120,000 payments per second on their own payment platform Alipay. In the digital payments world this is the great grandmother of server challenges!

A pivotal part of Alibaba’s strategy is vertical integration, essentially ensuring a transaction gestates from an online conception into a physical delivery. Consequently 1.7 million couriers from 4,000 different retailers shipped 657 million packages out of 5,000 warehouses as a result of Singles Day 2016.
A Forbes magazine article covering the spectacular sales summarized the phenomena thus: A day in China is now bigger than a year’s online sales in Brazil.
Here’s the clincher: 82% of those sales were on smart phones!

The average life span of companies is shrinking largely due to the colossal analogue thinking that straddles boardrooms. Our “normal” as we know it no longer holds true, not when we can drive across Kenya from Mombasa to Busia carrying nothing but a toothbrush, an empty wallet and a mobile money filled phone while never lacking food, fuel and shelter.With the youth bulge that all African economies are facing, the current and future customer for a Kenyan business is more likely to be under 35 years of age, and doing most of their utility payments, banking, social interaction and entertainment off a smart phone. They are the ones who will ensure that Kenyan companies’ life spans shrink unless the corporate thinkers unlearn their current ways and relearn the rapidly shifting customer preferences. The unlearning is not only limited to customer preferences though, a highly differentiated approach will have to be taken towards the employee value proposition too. Employees are no longer in it for life, that’s been left to the KANU stalwarts. Keeping youthful talent is less a question of how much you pay, and more a debate of whether your company has a cause they believe in. Because the minute the values are diametrically opposed to what management actually does, many of these young folk walk. The question to ask yourself this week is, can you learn to unlearn?

Kenyans are savers not gamblers

Last week, my General Manager Domestic Affairs(aka GMDA) decided to change her bank provider. GMDA came home that evening gushing praises about how the new Bank X had told her that she could set aside Kshs 1,000 every month to save for school fees and it would be automatically deducted from her salary account. No bank had ever taken an interest in her life, or in providing her with an automated way of saving for this critical aspect of her children’s security

As GMDA was talking, a news item appeared on the television about the uptake of the M-Akiba bond. I turned up the volume, as this could potentially be an option I could provide to my the-savings-scales-have-fallen-from-my-eyes GMDA.

The product is beautiful in its simplicity. Dial a number, register, place Kshs 3,000 for 3 years and earn tax -free interest twice a year. In my view, someone in Serikal is finally using data the way it’s supposed to be done: not to gather dust in shelves at the bureau of statistics but to drive behavior and economic growth. And nowhere is there more rich data than in the Financial Access Household Survey issued February 2016 by FSD Kenya working in collaboration with the Central Bank of Kenya and the Kenya National Bureau of Statistics.

The report finds that 75.3% of Kenyans are now formally included, with the giant leap being taken by women where formal inclusion leapt between 2009 and 2013 driven by the spread of mobile financial services.Formally inclusion is defined as use of banks, mobile financial services, SACCOs and microfinance institutions. Why would there be such a quantum leap in the growth of women users? I daresay that the convenience and the absolute privacy that mobile financial services provide make it a key attraction for the women. Not having to make a trip into a commercial centre to deposit or withdraw from a bank and not having a debit card or statement lying around that can generate heated arguments as to “hidden resources” is a major draw.

While the FSD report doesn’t go into the abominable aspects of betting, it does delve into it’s divine counterparty: savings. The FSD report finds that the number of Kenyans using at least one savings or deposit instrument continues to rise and at least 66.4% of the adults sampled have a savings instrument. Almost half of those adults use savings for meeting ordinary day-to-day needs, a third save for education and 40% also save for medical emergencies and burial expenses.

One more critical finding: 42.6% of business owners and 87.7% of farmers rely heavily on their savings to finance their livelihoods.

It is on the back of this data that we should critically look at the potential of M-Akiba to provide a viable savings platform. M-Akiba has the potential to pull funds sitting tied in a knot in the corner of a leso or under the cooking hearth into the formal economy especially since the FSD report finds that the top two most valued storage places for Kenyans are their mobile financial services accounts and saving in a secret place!

Meanwhile, I tried registering for M-Akiba, so that I could sell it to GMDA. After jumping through several hoops, I ended up feeling like a hamster on a wheel so I jumped off. I called the number provided online and a lovely lady called Brenda answered on the third ring, telling me the system was experience downtime. By the time of submitting this piece it wasn’t yet up. I trust that the developers of M-Akiba will make this an iterative product, tweaking it as they get more and more customer usage data to determine how and why Kenyans are using it. Just like how M-Pesa was launched as a money transfer system but ended up being a virtual repository of cash, M-Akiba might not be used for what its creators envisaged it for. Customers use your product to do a job. Time will tell what the true job of M-Akiba will be, but the ultimate winner will be the government with a new, and far less interest rate demanding investor in its securities.

Image Is Everything

The campaign slogan run by Sprite a few years ago always holds true to me in life: “Image is nothing, thirst is everything, obey your thirst!” In political and business leadership, however, the slogan should be paraphrased thus: “Image is everything, thirst for power even more so: obey your thirst.” Two things will always hold true, in political and business leadership image is everything and power is absolutely everything. I was inspired to this line of thought as I read the spellbinding book titled “A Thousand Hills” by Stephen Kinzer, who writes about Rwanda’s rebirth and the man who dreamed it. The book is a well balanced historical analysis of President Paul Kagame’s life before, during and after the genocide that shot his leadership prowess into the limelight based on the writer’s research and hundreds of hours of interviews with President Kagame and other notable actors in the drama that became notoriously known as 100 days of genocide from April to June 1994. A key player was the Canadian military commander Romèo Dallaire who, in 1993 was appointed as the Commander of the United Nations peacekeeping force in Rwanda that came to be known as UNAMIR. Dallaire’s boss was none other than Kofi Annan, who was the head of the department of peacekeeping operations within the United Nations. Kinzer writes of Dallaire: “Friends had warned him…. that Annan and his colleagues were ‘incompetent boobs who kept bankers’ hours and disappeared when situations in the field came to a head’ “. Within the course of a year, Dallaire came to understand why Kofi Annan’s image was so tainted. At the height of the genocide, ten Belgian peacekeepers were killed and Dallaire immediately called Kofi Annan with a view to request for a bigger and better armed contingent which had a tougher mandate to intervene and provide security to the victims of the bloodthirsty killers. Annan’s response was simply no. Dallaire was asked not to take sides and told further that it was up to the Rwandans to sort things out for themselves.
Image is really a two-way mirror. One the one side of the mirror is the Kenyan. If you ask the average Kenyan who Kofi Annan is, she will tell you that he is the man who came to rescue Kenya from the brink of civil war after the December 2007 elections. The stylish, salt-and-pepper haired Ghanaian who would brook no nonsense until the two Principals came to an agreement. On the other side of the mirror is the Rwandan. Kofi Annan is the man who failed to let the UN peacekeeping force in Rwanda convert its mandate from a paper pushing bureaucracy to saving lives of victims of genocide. It is arguable that the two sides of this Ghanaian coin are a reflection of lessons learnt, a commitment that never again would he watch while a country went to flames. Brokering – or being seen to broker – peace talks in a country that has significant regional importance for the United States and the United Kingdom provided a great opportunity to redeem a fairly tarnished image.
Closer home, the recent appointment of the pioneering, no-nonsense former CEO of Safaricom, Michael Joseph as the chairman of Kenya Airways was met with some fairly robust debate on social media. Social media is the platform where the uninformed as well as the informed continuously churn out both facts and opinion in equal measure and it takes a discerning observer a while to white out the noise, the “retweets” and the multiple “shares” in order to curate the truth. To the external observer, Michael Joseph has always cut the image of being tough, being focused and having ‘zero chills’ with regards to public perception of what he says. His track record at Safaricom, taking it from a start-up to being one of the top ten tax generators in an astonishing ten years, placed him in the Kenyan corporate hall of fame as a turnaround CEO. Thus it was with much fervor that many social media commentators erroneously referred to him as the “executive chairman”, and went ahead to explain why he was there to run the troubled organization on behalf of the shareholders.
The term “executive chairman” simply means a chairman who takes an active role in the day-to-day management of the organization, as opposed to a non-executive chairman whose role is confined to leading the board and its activities. The potential for significant clashes between an executive chairman and a CEO is fairly high, as two centers of power are created within an organization thus creating room for exploitation by stakeholders. It also prevents the chairman from providing the critical management oversight role that is required via his leadership of the board. Happily, the global slant of corporate governance to which Kenya subscribes to effectively separates the role of chairman and CEO. This has been further codified in the Capital Markets Authority Code of Corporate Governance for Issuers of Securities 2015 that specifically requires the separation of the two roles.
Joseph’s lasting image is one of a man in charge, running a ship single handedly and both the formal and social media are driving the narrative that he will now lead the organization to the land of milk and honey. However, his role is limited by law, and by Kenya Airways’ own constitutive documents, to leading the board which body provides the strategic direction that the organization should follow. There is a substantive CEO in place who is still responsible for executing that strategic direction provided by the board and on whose desk the buck still stops. Joseph’s legacy will be sealed as a turnaround champion if he leads the board in determining the correct strategy to help the airline shift its course and ensures that the board keeps the Kenya Airways management on a tight and focused leash in its strategic execution mandate.

Profiting From Dangerous Driving

[vc_row][vc_column width=”2/3″][vc_column_text]Many years ago as a masters student in the United States, I needed to renew my student visa and in those days, you needed to apply for the visa outside of the country’s borders. I therefore had to drive 946 kilometres, from Washington DC where I was living to Montreal, Canada where I had booked my visa appointment. Driving in a northeasterly direction through New York State is about as stimulating as watching yellow paint dry on a concrete wall. The highways are well patrolled by State Troopers who are always looking out for speed offenders breaching the 65 miles per hour (105 km/h) speed limit, and you could be busted at anytime as they had a knack of hiding on embankments and behind grassy knolls on the highway. So I drove the rental car sedately until the Canadian border, where the speed limit changed to the metric system, and was set at 100 km/h. By this time I was ready to slit my wrists in boredom, noting with consternation the number of cars that zoomed past me at extremely high speeds. (To assist your supercilious judgment over my choices, I was young and foolish at that time so speed was the most tempting way to kill the boredom). Having nothing better to do than observe what I thought were brave, foolhardy souls, I realized that the drivers would suddenly drop their speeds at certain sections, and sure enough I’d see a police cruiser parked surreptitiously over a brow or under a bridge, prowling the highway for its traffic offending prey.

These daredevils had speed detector kits (illegal in the US but not banned in Canada at the time) and would therefore drop to within the speed limit in time to daintily saunter past the unsuspecting cops. Never one to let opportunity ceaselessly knock on my forehead, I latched onto the next daredevil, hugging his bumper for dear life and together we danced the speed detector waltz all the way to Montreal. I must have shaved off an hour on that trip, arriving breathless and exhilarated at having dodged not one but several police traps. On my way back, I hadn’t even left the Montreal city limits when I foolishly choose to follow what I thought was another speed detecting daredevil. It turned out that he didn’t have the detector. But this is the clincher: he got away while I got the much dreaded “wiiiiuuuuw” sound followed by the even more heart thumping red and white flashing lights in my rear view mirror. The Canadian cop was a gentleman. He got me to park my car on the side of the road, hop into the back of his Bat-mobile and drove me to an ATM machine at a nearby strip mall. I had to pay $250 Canadian dollars as a speeding fine. That was the entire salary I had earned in the month of June and July working as a research assistant for a professor in law school and, mercifully, I had just been paid the day before. I limped back to the Canadian border at 90 km/h and never looked back again. I’m still smarting from that traffic fine which completely changed my driving habits thereafter. This story came back to mind when I, and many Kenyans, woke up to the news of yet another mind boggling family decimation at a road accident in Salgaa some days ago.

The definition of insanity is doing the same thing over and over again and expecting a different result. Except we don’t seem to be doing anything, let alone over and over again at notorious accident black spots. We know our traffic police force have a penchant for enforcement, the kind of enforcement that misdirects on-the-spot penalties into non-government coffers. This may be the time to introduce quotas in our traffic department. Each traffic officer is given a target to raise a certain amount of money in the form of penalties from dangerous driving (all one has to do is stand beside any single Kenyan roadside for 3 minutes and he’ll be spoilt for choice, in fact he’ll probably bust his daily budget within an hour), driving without seatbelts, overlapping, overtaking on a continuous yellow line, driving without indicating and the mother of all mothers: driving above the speed limit. The income from the fines can and should be used to train the police to become 21st century law enforcement officials as well as provide the police with modern law enforcement equipment including patrol cars and on board computers linked to individual identification and motor vehicle national databases.

I did a little research and found the use of traffic ticket quotas in Australia and the Netherlands. However, in the United States where ticket quotas have been widely used in the past, a number of state legislatures have passed laws to remove the quotas as they are viewed to be exploitative of motorists. In Florida for example, the state legislature passed a law in July 2015 making traffic ticket quotas illegal. The law requires the police to submit reports to the state legislature if their traffic ticket revenues cover more than 33% of the costs of operating their agencies. The agencies may also be audited and face investigation by the state attorney general. But these are first world problems, in jurisdictions where law enforcement is credible and extremely visible.

It cannot be that we look at our own lives as mere transactions, transitory on this earth until extinguished desultorily. We have become completely inured to the rusty, twisted metal scraps that occupy pride of place on many of our highways, an attempted reminder by road safety authorities of the horrific outcomes in death and maiming. We see through these grim reminders the way we see past the drudgery that cakes the feet of our accident tired national psyche. Perhaps looking at prevention of loss of lives as a lucrative revenue source is the ethically challenging mindset shift that we need.

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Twitter: @carolmusyoka[/vc_column_text][/vc_column][vc_column width=”1/3″][/vc_column][/vc_row]

Chasing The True Numbers

[vc_row][vc_column width=”2/3″][vc_column_text]Last week I started reflecting about the key issues that were driving the current turmoil in the banking sector, and concluded that both the regulator’s banking supervision unit as well as the guilty bank boards were culpable. Today, I want to take a closer look at the financials of one of those banks, Chase Bank, as much was written last week regarding the disputed audited financials that gave rise to the run it experienced that led to its closure.

I began by pulling up what they published on their website as the audited financials for the year 2014. I then looked at what was published in black and white, tucked into the back end, classified section of the Standard Newspaper on Wednesday, April 6th 2016. I will refer to these as the gospel truth accounts. This was a good six days after a full set of color financials had been printed in the Nation newspaper on March 31st 2016, which was the last date that a regulated financial institution in Kenya could publish their full year audited accounts. A few items clearly stood out as having been restated in the 2014 audited accounts. What do I mean? The 2014 audited accounts that were published in 2015 did not have a qualified opinion (I will refer to these as the chameleon accounts). However, when the gospel truth 2015 accounts were published on April 6th 2016, a few items in the 2014 numbers had been restated, which begs the question: what caused the chameleonic changes? Let’s begin at the top. In the published 2014 chameleon accounts, customer loans had been booked at Kes 53.8 billion. In the gospel truth accounts, customer loans for the same 2014 financial year were now reflected as Kes 64.4 billion, a difference of Kes 10.6 billion. Evidently in the 2015 audit, the auditors decided to treat certain assets differently, and found Kes 10.6 billion worth of new loans in the 2014 financial year, which had previously not been picked up in the 2014 audit that had been passed. But a balance sheet doesn’t just change dramatically; the movements on one line have to balance with movements on another. So I dug a little deeper and found the offending items. In the 2014 chameleon accounts, “other assets” were booked at Kes 11.9 billion. This is where the Islamic financing assets were said to have been parked. In a sudden change of heart (likely caused by missing documentation to convince the auditors that the other assets were indeed booked appropriately as Islamic financing products) the 2014 numbers restated “other assets” as Kes 3.4 billion, suddenly yielding up Kes 8.5 billion as the corresponding surprise entry in loans into the gospel truth accounts.

But that means that I needed to find Kes 2.1 billion in order to balance the figure of Kes 10.6 billion in new loans that appeared in gospel truth accounts. The only other significant movement that I found was that 2014 chameleon accounts showed that cash held at the Central Bank was Kes 7, 105, 986 by December 31st 2014. The gospel truth accounts reflected a different position of Kes 4, 953,180 by the same December 31st 2014, a difference of Kes 2.1 billion. Now that is a remarkably curious finding to which I have no answer. How does the same auditor convert funds that are reflected as held at the Central Bank in one year into customer loans the following year?

I bundled on some roller skates and slid into the profit and loss statement, as this was becoming an interesting ride. The 2014 chameleon accounts reflect a total staff cost figure of Kes 1.9 billion while gospel truth accounts restate this amount to Kes 1.7 billion a difference of Kes 200 million. The auditor, come the 2015 review, clearly did not accept some staff costs. What did the auditor discover that was different? I guessed that the answer was sitting in the other operating expenses line as it had moved by a similar Kes 200 million, from Kes 2.3 billion in chameleon accounts to Kes 2.5 billion in gospel truth accounts. Someone had tried to park Kes 200 million worth of expenses as staff costs, and while the auditor bought that story in 2014, he clearly wisened up in the 2015 audit process and restated the 2014 numbers accordingly.

That was just a cursory view on the 2014 numbers, as much attention has been paid to the 2015 full year numbers without looking at the significant restatements of key areas of the 2014 results. This restatement was a key contributor then to the growth of two numbers: the gross non-performing loan (NPL) numbers in 2015 as well as insider loans to directors, shareholders and associates. Gross NPLs moved from Kes 3.1 billion in 2014 to Kes 11.3 billion in 2015, an increase of Kes 8.2 billion and a figure quite close to the movement in the other assets line stated above. Insider loans grew from Kes 1.3 billion to Kes 10.5 billion in 2015, an increase of Kes 9.2 billion. This would mean that includes Kes 8.2 billion of “other assets” plus an extra Kes 1 billion that has emerged as new loans. Insiders had a few busy years clearly! The challenge for the receiver or for any new investor were the bank to be sold, will be to realise the securities held against these insider loans, assuming of course, first that the insiders do not have the capacity to repay these surprise loan entries and secondly that the true realizable value of the securities is reflected. If the insiders do have the capacity to repay, then that’s another story. Public focus has largely been on the insider loans, but the rubber will meet the road when proper due diligence is undertaken on the existing loan book, a large part of which sits as un-amortizing over drafts. Therein lies the true challenge in establishing capacity to repay.

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Twitter: @carolmusyoka[/vc_column_text][/vc_column][vc_column width=”1/3″][/vc_column][/vc_row]

Dump your gadgets for your own sanity

[vc_row][vc_column width=”2/3″][vc_column_text]”This ‘telephone’ has too many shortcomings to be seriously considered as a means of communication. The device is inherently of no value to us.” Western Union internal memo, 1876.

I recently stumbled upon an interesting info graphic titled Future Work Skills 2020 published by the Institute For The Future. The Institute predicts six drivers or disruptive shifts that will reshape the workplace landscape. The six drivers are extreme longevity, rise of smart machines and systems, a globally connected world, a computational world, super structured organizations and, finally, new media ecology. The last three drivers are of keen interest. A computational world foresees that massive increase in sensors and processing power makes the world a programmable system. Super structured organizations assume that social technologies will drive new forms of production and value creation. New media ecology predicts that new communication tools will require new media literacies beyond text. The info graphic then aligns each of the drivers into key skills that will be needed in the future work force. Those last three drivers of interest morph into one key skill: Cognitive Load Management.

Why should this interest anyone today? In this highly connected world full of multiple distractions from various media such as smart phones, computers and digital television, it is becoming increasingly difficult to spend an hour concentrating on your work without a distracting beep from an incoming Whatsapp message, intrusive ping from an incoming email, or blinking light on your smart phone screen indicating a Facebook, Instagram or Twitter update. All these incoming distractions are like proverbial onions. You click on it only to discover another layer of data or action that needs to be peeled. You click on that data or take on that action and it reveals yet another layer of data or action that requires attention. An hour or two later and you’ve been sucked into a vortex of activity that had nothing to do with what you had been attending to before you succumbed to that seductive distraction. And your desk is still piled high with work. These distractions simply help to create a cognitive overload for the desk situated professional.

In cognitive psychology, cognitive load refers to the total amount of mental effort being used in the working memory. A colleague recently shared with me how his South African based client decided to deal with what was equivalent to an organizational cognitive overload. The organization, a financial intermediary, declared Wednesday as a no –Internet day. The email servers automatically send a standard auto-reply message that politely encourages the sender to pick up the phone and call the person they are trying to email. The message is subtle: Email is a lazy way to communicate, and going back to good old fashioned human interaction once in a while may remind one of why they are a member of a flesh and blood race. During that Wednesday, Internet is blocked for the entire organization for the entire day so there is no possibility of surfing the Internet while pretending to be busy at work. [Obviously the exception is the customer call center] The result is that employee productivity shot through the roof on Wednesdays and it is now a permanent fixture in the organizational calendar. The future world predicts that the world around us will be more interconnected leading to a higher demand for real time customer driven solutions. Our electronic gadgets at home such as fridges will be connected to our vegetable and grocery suppliers for automatic restocking, our transportation solutions be they private or public will be connected to our phones for real time traffic updates and preferred route advice, and so on. Our world will be impossible without the Internet. Our world will be driven by data. Our world as we know it, will be easier to navigate but harder to remain present and fully immersed in the moment as there will be multiple incoming data salvos in the daily battle for limited brain space. It will be as difficult to shut down office Internet as it will be to shut down an oxygen machine on a life support patient in the ICU. And therefore cognitive load management has been identified as a key skill for the 2020 workforce. Sounds easy? Have you ever seen a slow moving vehicle in front of you on a road that has minimal traffic? I now take bets with anyone who is in the car with me that if we overtake the vehicle, we will find it being driven by a middle aged male driver actively talking on a hand held mobile device. I’ve concluded, in a most non-judgmental and non-feminist manner, that middle-aged men cannot drive and hold a phone simultaneously. It is, quite simply, a cognitive train smash. Middle aged male readers, try not to get your knickers in a twist on this anecdotal finding, rather you should ask yourselves your relevance in the next 20 years in the work place. And this is for no other reason that the extreme longevity driver described above will keep workers in the work place longer and the possibility of multiple generations struggling to build cohesiveness in the same workplace will be a notable challenge. Add the fact that the generations in school today are for the most part computer savvy by the time they are ten years old and will have adapted to cognitive load management like a duck takes to water. When Western Union predicted the shortcomings of the telephone as a means to communicate in 1876, they could never, ever have predicted what that instrument would evolve into a century and a half later. It makes me start to ask: what disruptive technologies are we dismissing with a snort of ignorant derision today? Perhaps the local taxi drivers fighting Uber might be better placed to answer that.

Twitter: @carolmusyoka
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Driving on borrowed funds

[vc_row][vc_column width=”2/3″][vc_column_text]Mutua stops John in BuruBuru and asks for the quickest way to Westlands.
John asks, “Are you on foot or in the car?”
Mutua says, “In the car.”
John says, “That’s the quickest way.”

In case you missed it, there is an obscenely symbiotic relationship between the growth of credit supply in Kenya and the now ubiquitous traffic jams that are spreading beyond this cities of Nairobi and Mombasa. Rather than rehash what I have written before, I pulled out some data from the Economic Survey 2015 that was put together by the Kenya National Bureau of Statistics so as to get a verified position of my thesis. First let me give credit where it’s due. The 2015 Economic Survey, all 334 pages, is a treasure trove of statistical information on all aspects of the Kenyan economy. It is a very useful tool for looking at historical information about education, health, banking, government and many other sectors as well being able to extrapolate trends if you’re so inclined. Well, the data on vehicle importation was eye-popping to say the least. In the last four years, the annual importation of motor vehicles has grown from Kshs 62.8 billion in 2011 to Kshs 101.7 billion in 2014, a 62% growth in value terms. I know what you’re thinking, as you roll your eyes at this number: it must be the confounded boda bodas that are driving this growth.

Actually it’s not. In 2011, there were 140,215 motorcycle registrations, which was actually the highest in the last four years. By 2014, there were 111,124 motorcycle registrations or a 20% drop. Conversely, lorries and trucks grew from 5,247 in 2011 to 10,681 in 2014, a growth of 103%. Now, I find that quite interesting. What are these lorries hauling? Is this growth in any way related to long distance transportation of goods across East Africa or is it related to the SGR construction where countless Chinese trucks criss cross Mombasa Road moving building materials? I did note that many of them did not bear Kenyan registration plates when I last drove past an SGR construction site so my point might actually be moot (since the KNBS numbers describe actual vehicle registrations) and the growth in truck importations could directly be linked to long distance transportation or phenomenal growth in the building construction industry. But I digress, as I wanted to demonstrate vehicular traffic of the jaw-dropping fame that has now consumed us as a country. In the same period, saloon car registrations grew from 11,026 in 2011 to 15,902 in 2014. That sounds low doesn’t it? 44% growth in 4 years? Well you just wait for the kicker. Registration of station wagons grew from 31,199 to 53,542 or 71% growth in the same four-year period! These are your Proboxes, Toyota Wishes, Nissan Wingroads, Subaru Imprezas, and all manner of station wagons that, together with saloon cars, have transformed our roads into the collective sludge of traffic non-movement. What is financing this phenomenal growth in vehicular traffic? The Kenyan banking industry is.

So I pulled up a fairly decent report issued quarterly by the Central Bank of Kenya. The report, titled “Developments in the Kenyan Banking Sector” provides information on sectoral distribution of loans in the banking industry. Using the quarter one 2012 and quarter one 2015 reports, the not-so-surprising revelation is that lending to the personal/household sector (which is where unsecured consumer lending is recorded) is the single largest borrowing segment in the entire Kenyan banking industry. Let me say that again: loans to individual Kenyans are higher than loans to any other singular sector of the economy. (If I handed in this piece on time, my copy editor would have been able to insert an illustrative table, but time doesn’t allow for this insertion, unfortunately). By December 2011, the banking industry had lent out 318.8 billion to the retail sector, which was 27% of the Kshs 1.1 trillion gross loans and advances. Four years later, the banking industry had lent out 518.2 billion to the same retail sector out of the Kshs 1.97 trillion gross loans and advances. So even as the growth in loans and advances has almost doubled in four years, lending to the personal sector has steadily maintained its rate at just a quarter of total bank lending. The bulk of these loans are personal, unsecured loans that are taken to purchase motor vehicles.
I called up an old friend, who heads up the Risk Department in a Tier One bank here in Kenya. He confirmed my numbers that personal consumer lending at his bank makes up about 55% of the total bank loan book. He dropped another bombshell as a parting shot. He had just returned from a credit conference in South Africa where a consultant had made a presentation on the state of credit in many African economies. In South Africa particularly, the rate of borrowing in most households was at 75%. In Kenya, the research had it at 68%. While the banking industry (and to a lesser but noteworthy extent, the Savings and Credit Cooperative Society industry) have democratized access to credit in this country, a key unintended consequence has been to democratize access to vehicle ownership for Kenyans. What we see on our roads daily will not go away. And for those whose hopes had risen with the increase of excise duty on the smaller capacity vehicles as was done in the last budget, you need to peg your hopes down a notch. Increased taxation will not stop vehicle buyers from purchasing cars; it will only increase the size of loans being requested by consumers. For as long as the banking industry is willing to continue growing its personal unsecured lending segment, there will be more cars on our roads that can only mean even more mind numbing traffic and idiotic over lappers. It might actually be faster to walk to Westlands from BuruBuru than to drive in the next five years!

[email protected]
Twitter: @carolmusyoka[/vc_column_text][/vc_column][vc_column width=”1/3″][/vc_column][/vc_row]

Give your entire wealth to strangers

[vc_row][vc_column width=”2/3″][vc_column_text]I was in a recent discussion with someone who has just joined a not for profit organization whose area of focus is sexual reproductive health in Africa. Having sat on the boards of a few not for profit organizations, my curiosity was piqued regarding the source of funding for the organization’s programmes across various African countries. Said curiosity morphed into a question that yielded quite an interesting response. The organization is funded largely by American donors – the usual corporate suspects like Bill and Melinda Gates Foundation, as well as very many private individual donors. And that is what caught my attention: private individual donors who are inspired to gift while alive or bequeath post humously. What would inspire a right minded, manifestly talented individual who has created and multiplied wealth to just give it to absolute strangers, when the better option would be to keep it in the bank and let children and relatives salivate over the prospect of their inevitable death?

So I had to do a little research over this phenomenon, as this equatorial part of the world has yet to see widespread, unabashed and selfless giving at a time when amassing personal wealth has become a specialized race in the Kenyan corruption Olympics. I pulled up a Barron’s List of top 25 givers in 2013. Hang on to your hats, this was largely an American list of givers and the recipients were largely American institutions. Top of that list was – don’t hold your breath – Facebook founder Mark Zuckerberg and his wife Priscilla Chan who gave out $999.2 Million (in simple words, a billion dollars or Kshs 102 billion) of Facebook stock to charity. But not just any charity, they chose to give it to Silicon Valley Community Foundation which is a philanthropic clearinghouse, collecting charitable contributions and distributing them to hospices, educational groups, museums and clinics. I guess Mark and Priscilla figured: let’s give this money to a credible organization that knows how to better place these funds than we can. (Food for thought to be touched on later) Also on the top 25 list that year was Michael Bloomberg, the founder of Bloomberg, former New York City Mayor and 7th wealthiest man in the United States, who gave $452 million ( Kshs 46 billion) largely to his former alma mater, John Hopkins University, to fund scholarships as well as research. Actually a number of givers on that list gave money to their former universities; well run institutions that have demonstrated a great ability to efficiently channel donor funds into growing an established body of academic research and produce the nation’s greatest talented workforce.

Notably, Warren Buffett, chairman, CEO and largest shareholder of Berskshire Hathaway, holds the individual giving record. In 2015, Buffett donated $2.84 billion (Kshs 289.7 billion) of Berkshire Hathaway shares to the Bill and Melinda Gates Foundation as well as four family charities, three of which are overseen by his children. The purpose of donating stock is for the recipients to sell the same as appropriate and realize the cash value of the gift. The 2015 donation was his tenth annual one, bringing his total charitable donations to a staggering $25.5 billion (Kshs 2.6 trillion or 500 billion more than Kenya’s Kshs 2.1 trillion 2015/16 budget) according to Forbes Magazine. In case you missed it, Buffett is the fourth wealthiest man in the world and has pledged to bequeath 99% of his $64.5 billion net worth (or an eye-popping Kshs 6.58 trillion) to charity when he dies.

You don’t have to go far in Kenya to find battle lines drawn between brothers and sisters, mothers and children, uncles, aunts versus nephews and nieces all picking over the remains of an enterprising founder’s hard work like vultures over carrion. Something that these entrepreneurs know is guaranteed to happen, as there is always untidiness in the intestate death of a patriarch with multiple wives, multiple children and multiple beneficiaries of his largesse. It cannot be that one should work extremely hard over one’s lifetime: creating businesses, employing workers, enriching a supply chain and contributing to the taxman all for it to go belly up in lawyer’s fees and stomach churning blood feuds because we still subscribe to centuries old cultural succession practices that didn’t anticipate the kind of stupendous wealth that is at stake today. I’m not just talking about the ubiquitous Kenyan business magnate. I’m talking about you and I who have a few assets that may seem innocuous today, but which can be sold upon our death to generate a sum of money that would buy desks in a school, or a few hospital beds in a far flung medical institution, or pay for 50 pupils to get secondary education. Because our children have received the best gift from us, a good education which should put them in good stead to build wealth of their own instead of assuming the widespread sense of inheritance entitlement that I often observe from the children of the rich.
Now back to my earlier point about food for thought following the Zuckerberg contribution to the philanthropic clearinghouse. While our public universities and hospitals are crying for help, our record of funds mismanagement makes them poor candidates for direct gifting.

We lack an institution through which we can channel wealth for distribution to various worthy causes. An institution that is well-run, free from political interference, has perpetual succession and extremely strong governance mechanisms to ensure funds are appropriately and transparently used. Such an institution may provide an easy alternative to Kenyans who wish to leave their assets outside of family, as well as provide a mechanism to maneuver around the Kenyan laws of succession that require for dependents to be provided for, as one can gift one’s wealth while alive. Regardless of that, there are still many credible NGOs that can put our hard earned money to better use than some of our privileged children. Food for thought in 2016 and happy New Year to you!

[email protected]
Twitter: @carolmusyoka[/vc_column_text][/vc_column][vc_column width=”1/3″][/vc_column][/vc_row]

Sun Kissed Beaches Do not belong to Kenyans

[vc_row][vc_column width=”2/3″][vc_column_text]Serendipity is defined as the occurrence and development of events by chance in a happy or beneficial way. Hang on to that thought, as I will get back to this definition further ahead in this column. Last week two seemingly unrelated items appeared on the Daily Nation’s Wednesday December 9th 2015 edition. A seemingly nondescript story titled “Villagers ordered out of Kilifi’s 3,000 acres” hugged the top left side of page 3 innocuously. Last Saturday December 5th 2015, villagers invaded and started subdividing private property belonging to a private company, Kilifi Plantations Ltd. Of course, in typical Kenyan fashion, we never quite get to be told what caused the villagers to arise from unknown heavens and majestically swoop down to lay a stake on an ill gotten prize. Further down the same newspaper’s pages, a quarter page advertisement caught my eye. The Ministry of Land, Housing and Urban Development placed a Public Notice signed by Mariamu El Maawy, the Principal Secretary. In the notice she informs Kenyans that the ministerial technical team that was appointed by the Cabinet Secretary (she doesn’t say which one, but one is left to assume that it is the Cabinet Secretary who she reports into, who would be the one in charge of Land) to plan, survey and issue title deeds to the occupiers of the land commonly known as Waitiki Farm in Likoni has commenced its work.

Ms. El Maawy urges all persons who may have purchased parcels therein to urgently present their claims before the said technical team. The claim should be accompanied by supporting documents such as a national identity card, a sale agreement, witnesses and any other document of proof of ownership. Now unless you’ve been hibernating under a rock, you must know the abhorrent saga of Evanson Kamau Waitiki, the Kenyan who bought 960 acres of land in Likoni in 1975, when Kenya was still one country. Twenty-two years later, politicians reminded us that Kenya was actually a fragmented hodgepodge of tribal enclaves and instigated “youth” to evict Mr. Waitiki from the land that he had industriously converted into a viable economic enterprise that was employing tens of locals through various farming activities. Somewhere along the line, the real “owners” of the land, whose ownership stemmed from their tribal bloodline rather than any cash consideration, moved into the 960 acres and a new village was created. A not-so-subtle message was sent to anyone who couldn’t trace their biological roots to the sandy soils and tropical climes of Mombasa’s coastline: “You are temporary residents here living and working at the behest of our generous spirit. Your land ownership claims, regardless of whatever pieces of paper you might have, are as transient as the waves that beat upon the sun kissed beaches of our forefathers.” That message was given one hundred percent endorsement by the highest office in the land in mid November this year, when it was reported that the President had personally brokered an agreement, and I quote: “The government has signed a framework agreement with Mr. Waitiki which establishes a road map of adjudication and titling of all the land to the current occupants.” Waitiki gets his money as compensation for the loss of the land, and the locals get the land. Kwisha maneno everybody can go home now.

Look, I get it. I get that the President had to bring this sordid saga to a mutually beneficial end, the kind of ending where everyone wins, right? Well the only winners were the ones on the mahogany wood State House table: Evanson Waitiki on the one hand and the myriads of new landed gentry in Likoni on the other. Which is why I chuckled when I read Ms. El Maawy’s point about providing proof of ownership. How does one provide legal proof of ownership over something that was acquired illegally? How does one legitimize illegitimacy ab initio? Anyone can draft a sale agreement and then scrape it on a cement floor to give it an aged look. But basic rules of sale dictate that there are two sides to any agreement and consideration has to pass from the buyer to the seller in order for the contract to be extinguished. Where such consideration can be as miniscule as a gnat’s toe, but is consideration nonetheless. There was no consideration given by anyone for the undisputed and unequivocal ownership rights of Evanson Waitiki.

Now to the point of serendipity, which – once again – is defined as the occurrence and development of events by chance in a happy or beneficial way. Serendipity has landed upon the villagers of a section of the county of Kilifi, slapped them sideways and awoken them from slumber. Serendipity has galvanized these villagers into a metamorphic catatonia from hitherto economic serfs into potential landed gentry within the land owned by Kilifi Plantations Ltd. Serendipity has a long name: “Government pays Evanson Waitiki and legitimizes Likoni squatters.” Serendipity has an address: Ardhi House. Serendipity has an expiry date: On or before 2017 elections.

What we have seen in Kilifi is a taste of things to come, because good things come to those who wait. Invade land, wait eighteen years and get clean, crisp titles issued by your government. In other efficient markets, any company that had titles to thousands of acres of productive land used for generating their core product would see their share price fall after such an event since a clear operational and legal risk has been defined by none other than the central government under which that company operates. The warning signs have already started from the county governments of Murang’a with Del Monte land and the county governments of Nandi and Kericho with the vast tea estates held by Finlay and Williamson. The government may have won the political premier league at the coast with the Waitiki land settlement, but it has just midwifed into birth a bigger problem for large-scale private and corporate landowners in Kenya.

[email protected]

Twitter: @carolmusyoka[/vc_column_text][/vc_column][vc_column width=”1/3″][/vc_column][/vc_row]

Wine and chocolate from the Tax man

[vc_row][vc_column width=”2/3″][vc_column_text]The New York Times online edition ran this breaking news story on Tuesday September 15th this year: “De Blasio to require computer science in New York City schools.” The article explains further, “To ensure that every child can learn the skills required to work in New York City’s fast-growing technology sector, Mayor Bill de Blasio will announce on Wednesday that within 10 years all of the city’s public schools will be required to offer computer science to all students…the goal is for all students, even those in elementary schools and those in the poorest neighborhoods, to have some exposure to computer science, whether building robots or learning to use basic programming languages. Noting that tech jobs in New York City grew 57 per cent from 2007 to 2014, Gabrielle Fialkoff, the director of the city’s Office of Strategic Partnerships, said, “I think there is acknowledgment that we need our students better prepared for these jobs and to address equity and diversity within the sector, as well.”

Bill de Blasio was sworn in as Mayor of New York City on January 1st 2014. It’s still early to comment on the efficacy of his tenure, but it is noteworthy that his goal is to have an educational curriculum that makes his citizenry relevant in the not so distant future, when he will likely already have left office. At the risk of sounding condescending to you dear reader, this is what forward planning looks like. It requires complete selflessness in the sense that you are making policies that will benefit future generations and that have zero positive impact on today’s bottom line. If you ask any employer what a key resource for delivery of their organization’s strategic goals is, they will tell you that it is competent and skilled human capital. And that human capital doesn’t buy skill from aisle 7 at the local supermarket. The academic curriculum in our secondary and tertiary institutions is critical for businesses today and it is imperative that they are regularly reviewed for relevance in a rapidly changing technological backdrop. Let me park this aside briefly.

So I went to visit Moraa at her furniture factory last week. Yes, I did say pax romana on any more entrepreneur-in-Kenya horror stories in last Monday’s column, but I have uncrossed my fingers just this one time after the mind blowing visit. For those of you reading this for the first time, Moraa is one of several insanely committed entrepreneurs whose courage to do business in Kenya, employ citizens and develop a supply chain that generates value as well as impacts more lives is nothing short of admirable. She, and many others like her, try to do legitimate business in Kenya but have had great difficult getting government support in opening new markets or creating an enabling environment for goods to be distributed within the region despite all the chest thumping around “ease of doing business” reforms.
Anway, Moraa has imported state of the art furniture cutting and printing machines in order to make a high quality Kenyan product. I stood in awe as I watched one laser machine print out a beautiful cartoon motif on the back end of a wooden bed resulting in a high definition, permanent image that did not drip or bleed past the edges. She had several other cutting machines that remained unmanned, and when I asked I was told that there was a severe shortage of skilled wood artisans since many polytechnics had converted into universities. On her last jaunt to one of the former polytechnics [I will not say which one, as I’ve realized government agencies take umbrage whenever I talk about them here and are always quick to send me a point of correction. However it is extremely refreshing to see that a) they read the papers b) they are sensitive to public perception of their services and c) they actually do care!] She found that they had some of the latest and very expensive machines that were simply lying idle in the workshop. Having been purchased, there were no trained personnel one to teach the students on how to use the equipment! As entrepreneurs always turn a challenge into an opportunity, Moraa’s next goal is to see how she can create a technical institute to train wood artisans, as she needs some for her own factory and envisages that the growth opportunities in the industry will continue to drive demand for this skilled resource.

Back to the curriculum discussion: How often do our public universities meet with industry and determine whether the output in the name of graduating students meet the needs of employers today? I recently saw an advertisement in the newspaper calling for public participation in the much-needed review of the 8-4-4 curriculum which is a wonderful initiative. My two cents worth from my well worn armchair: Have a two year course run in form 3 and 4 that teaches students how to run a business and ensure that it is project based rather than theoretical. It will assist a) those students who don’t necessarily want to pursue university studies and b) will ensure that those students who eventually end up working in government get a good sense of what it takes to be an entrepreneur which should guide their future policy making of today’s current buzz word: “ease of doing business”. Of course all this is futuristic, like Bill de Blasio’s dreams of a tech driven culture in the New York City post 2030.

On a happier note, staff from Kenya Revenue Authority visited Moraa last week. They came bearing gifts; a bottle of wine and a beautifully wrapped box of chocolates as part of their customer care week thanking tax compliant businesses. When she managed to scrape her jaw off the floor in shock at the friendly and very engaging visit, she shared the incredulous story. My jaw, not surprisingly, is still on the floor. When government works, it works well! Nice touch KRA!

[email protected]
Twitter: @carolmusyoka[/vc_column_text][/vc_column][vc_column width=”1/3″][/vc_column][/vc_row]

End of the Entrepreneurial Trilogy

[vc_row][vc_column width=”2/3″][vc_column_text]Many years ago when I was in primary school, we used to play a frenetic game called “Tip”. The Player who was “it” would touch someone else while yelling “tip!” and the person so touched became “it” and would have to touch someone else to make them “it”. The game could go on for days, and it would be much to one’s chagrin if they were collected by their parents after school and the person who was “it” would wait until the last minute to tip you and run off chortling with glee as you stewed in your parents’ car all the way home waiting for the next day when you could tip someone else. However, there was repose from this mind numbingly silly game in the form of the words “Pax” which had to be accompanied by one crossing their middle finger over their index finger. When one was on “pax” one could not be tagged. The challenge, of course, was to always remember to be “on pax”. The purpose of this reminiscing is that I am bringing the exhausting “being an entrepreneur in Kenya” trilogy to an end after today. Pax! Here’s why:

Didier (not his real name) is a foreign investor in Kenya. He runs a chain of fast food restaurants and opened his first branch in 2012. Like any good foreign investor, his first port of call was Kenya Investment Authority (KenInvest) to see what benefits he could receive as he set up his first unit, which would require bringing in a lot of restaurant equipment. As you can imagine, he didn’t get much joy as the folks over at KenInvest were only interested in certain sectors of the economy such as manufacturing, oil and gas but not the restaurant industry. Crestfallen, but not beaten, he set up anyway. 14 licences later, he opened his first branch and within the first six months of opening had visitors from the Kenya Revenue Authority over for an audit of the start up that had not even finished a year of business. Not to be left behind, the Ministry of Labour chaps also came to do an audit in month seven.

As his business grew, he began to open new branches. He quickly came to discover that the much-touted Single Business Permit from Nairobi County came at a very high cost. Having to pay Kshs 300,000 (three hundred thousand in case you cannot read figures) per branch, he was duly informed that the permit ran over a calendar year from January to December. So if he opened a branch on December 29th of any year, he would still have to pay the FULL amount of Kshs 300,000/-. “Carol, to do business in Kenya, you have to know someone, and even that someone is not guaranteed to help you,” he said. He continued, “Out of the 14 licences that I need for EACH branch at least half of them run on a calendar cycle. Can you imagine the loss I make from licensing whenever I am starting a new branch?” The feedback that he has received from Nairobi County officials belongs in the Frustrated Entrepreneurs Hall of Fame: “Why do you want to deny the county revenue?” How is paying for a license every 12 months from date of issue rather than every calendar year from January to December denying revenue to this most efficient of institutions? Meanwhile, he opened his sixth branch less than two months ago. Within a week of opening he had been visited three times by Nairobi County officials who were “checking” on the standards of the business.
Didier has to date employed 150 Kenyans in his business. Kenyans who are paying Pay As You Earn income taxes as well as being productive members of society who consume goods and services thus playing their part in keeping the economic wheels of the country turning. As it is a restaurant business he has to maintain the county health standards and therefore has to send all 150 of them to get health certification twice a year at the cost of Kshs 1,000 per employee. You can do the mind boggling total math for yourself. By the time Didier was done telling me about all the costs of running a restaurant business, I concluded that he could easily shave off a significant part of his food prices if the taxes and licence fees were streamlined. You, the Kenyan, are paying for a lot of government sponsored operational inefficiencies.

“I don’t get it, Didier,” I mused, “Why do you stay and do business in Kenya?” He didn’t miss a beat. “Because there’s a huge opportunity here, I can see it.”

There is a certain short termism in the way both the central and the local governments approach revenue collection. The approach is transactional rather than strategic. The view: Let us collect what we can now = short term, rather than: Let us look ahead and see how to grow a wider tax base by creating an enabling environment for new businesses to thrive = long term. Today entrepreneurs are beaten down with a highly toxic operating environment where the compliance officers from various government institutions are used to frustrate and harass rather than to drive compliance. To paraphrase someone who wrote to me last week, “We really have to wonder about government officials who are lifetime employees. What could they possibly understand about risking everything to build a business in a hostile environment when they have always had a salary?” So my two cents worth to the team responsible for looking after the growth of entrepreneurs in this country is this: Help Moraa (the Kenyan from 2 weeks ago) and Didier (the foreign investor who is not in a strategic industry) do business in Kenya. They, and many others like them, will build solid businesses that generate revenue – part of which attaches to the government’s fiscal bottom line. The End. Pax Romana!

[email protected]
Twitter: @carolmusyoka[/vc_column_text][/vc_column][vc_column width=”1/3″][/vc_column][/vc_row]

Angel Investors as Key Drivers of Entrepreneurship

An angel appears at a board meeting and tells the chairman that in return for his unselfish and exemplary behavior, the Lord will reward him with his choice of infinite wealth, wisdom, or beauty. Without hesitating, the chairman selects infinite wisdom.
“Done!” says the angel, and disappears in a cloud of smoke and a bolt of lightning.
Now, all heads turn toward the chairman, who sits surrounded by a faint halo of light.
One of the directors whispers, “Say something.” The chairman sighs and says, “I should have taken the money.”

Earlier this month I attended the G-20 Global Partnership for Financial Inclusion, which held a workshop on Financing Entrepreneurship Innovative Solutions in Izmir, Turkey. Turkey currently holds the G20 Presidency and therefore its government played a pivotal role in the organization of the successful of the workshop. One of the panelists was a well-known Turkish entrepreneur, angel investor and author, Baybars Altuntaş, who impressed the audience with his vocalization of tax incentives that the Turkish Government provides to angel investors. I pulled Baybars to the side during a coffee break and asked for more details. Once a person has registered as an angel investor, he is allowed to net off up to 75% of his investment in the start up company against his income tax payable in the year. In other words, a tax holiday of up to 75% of your investment! Baybars added that angel investors tend to get together and pool their funds to reduce the risks as the success rate for their investments was only typically 10%. “Why would one invest money in start ups if only 1 in 10 initiatives succeed?” I quizzed. Baybars smiled the smug smile of the wealthy and responded, “Because the returns from that 10% will make you more money than the losses on the 90%!” I walked away, scratching my head and realizing why my risk aversion would leave me a pauper for the rest of my life.

Angel investment is the provision of financial capital to newly established or growing companies which have novel business models or technologies with high potential for growth and profit but are unable to find eligible financing resources to realize their investments.

Recognizing the inherent benefits that angel investors would provide through entrepreneurial seed capital support as well as stimulating economic growth through job and value creation, the Turkish parliament passed the “Regulation on Angel Investment” law in June 2012 and the Treasury promulgated the enabling legislation in February 2013. The rationale behind the law is to promote the financing of small enterprises and entrepreneurs by providing tax incentives to angel investors. According to a PwC Turkey Asset Management Bulletin, in order to benefit from the tax reliefs provided in the law business angels first have to obtain a license from the Treasury. The business angel cannot directly or indirectly be a controlling shareholder of the qualifying company that it wishes to invest in, neither can the qualifying company belong to his relatives. A qualifying company should, amongst other criteria, be a registered company in accordance to Turkish company law with a maximum of 50 employees and net assets of not more than TRY 10 million (Kshs 354 million). If the business angels participate in qualifying companies whose projects are related to research, development and innovations then the applicable tax incentive is 100% instead of 75%. This is where it gets interesting. In order to get 100% tax relief those activities have to have been supported in the last five years by the Scientific and Technological Research Council of Turkey, Small and Medium Enterprises Development Organization and the Ministry of Science, Industry and Technology. The tax reliefs are applicable until the 31st of December 2017 making it a 5-year program, but the Cabinet can authorize the extension of the date by another five years. Shares acquired by the angel investor have to be held for at least two years and the minimum investment is TRY 20,000 (approximately Kes 700,000) and a maximum of TRY 1,000,000 (Kes 35 million) annually.

So let’s bring this concept home. Imagine if the Kenyan government picked four key economic areas that they wanted to drive with the help of the private sector. Let’s say agriculture, health, technology and education. Then the government wakes up to the fact that they can’t be all things to all people, and that they need to leave the business of business to the best people suited to do it: business people. They then assume that it’s far better to allow a business person to take a risk on an entrepreneur as the business person has a) a much better nose for sniffing out and recognizing good opportunities, b) years of experience in making and losing money therefore an appreciation for and recognition of risk, c) business experience the kind of which they don’t teach in business school leading to mentorship and d) his very own money which defines his skin in the game. The same Kenyan government would then ensure that the business angels’ interests are aligned to the strategic objectives of the relevant ministries for the four key areas. Rather than allocate funds in totality to the Women and Youth Funds, re-route a portion of those funds to backstop a tax incentive program for Kenyan business angels. The benefits hardly merit articulation due to their sheer obviousness. The Government will distribute the risk of repayment from their annual budget allocations to the Women and Youth funds by providing an alternative mechanism for reaching those same stakeholders in a credible, efficient manner that provides the extra flavor of mentorship as well as stronger linkages between the existing business community, women and the youth. Finally, it allows for a wider tax bracket to be formed since, by requiring investees to be formalized legal entities, the investee companies enter into the taxation realm. It shouldn’t take a little wisdom from heaven to permit business angel investing to become a government driven entrepreneurship initiative.

[email protected]

Twitter: @carolmusyoka

Communication isn’t rocket science building bridges is

The Brooklyn Bridge, with a main span of 1,595.5 feet or 486.3 metres, was the first steel wire suspension bridge ever constructed. The bridge that spans the East River links the New York City boroughs of Brooklyn and Manhattan Island. In 1863, a creative engineer named John Roebling was inspired by an idea for the bridge. However, bridge-building experts throughout the world told him to forget it; it could not be done.

View of New York from on the Brooklyn Bridge
Image from http://www.history.com/

Roebling convinced his son, Washington, who was a young up and coming engineer that the bridge could be built. The two of them developed the concepts of how it could be accomplished and how the obstacles could be overcome. With unharnessed excitement and inspiration, they hired their crew and began to build their dream bridge.
The project was only a few months under construction when a tragic accident on the site took the life of John Roebling and severely injured his son, Washington. Washington was unable to talk or walk. Everyone felt that the project would have to be scrapped since the Roeblings were the only ones who knew how the bridge could be built.
Even though Washington was unable to move or talk, his mind was as sharp as ever, and he still had a burning desire to complete the bridge. An idea hit him as he lay in his bed, and he developed a code for communication. All he could move was one finger, so he touched the arm of his wife with that finger, tapping out the code to communicate to her what to tell the engineers who were building the bridge. For thirteen years, Washington tapped out his instructions with his finger until the spectacular Brooklyn Bridge was finally completed in 1883.

Interesting isn’t it? That a bridge that remains standing 132 years later was built on the instructions of a finger tapping bedridden engineer. The moral of this chronicle, for me, is not about the obvious tenacity of the engineer. It is about how one can choose to communicate a) despite great odds and b) while building an engineering feat. I thought about this during the April Nairobi traffic re-routing fiasco. The Nairobi County Government came up with a great idea backed by credible numerical data from months of research. The Uhuru Highway roundabouts were a key cause of the traffic bottlenecks in the city and needed to be tamed in some shape or form. Meetings, with the ubiquitous tea and mandazi accompaniments, were held in County Headquarters and decisions were made to block off some offending intersections and reconfigure traffic patterns. For that, the County chaps get an A+ for thinking out of the tattered box of historical non-solutions.
However, it was the execution that left them with enough egg on their faces to make a few thousand Spanish omelets. The County failed to communicate what was going to require a massive change in behavior of ordinarily unruly Nairobi drivers.

And then Nairobians landed back in the city after a heavy laden, spiritually filled (of the holy and liquid kind) Easter weekend and stumbled upon drums. Many drums. On a Tuesday, when the eyelids were struggling to crack open and allow the harsh sunlight of another week to edge its way into a reluctant Nairobi driver’s life. Then a few newspaper adverts showing the new routes were published. But many, if not most Nairobi drivers missed whatever smidgeon of communication was blurted out by the Nairobi County Governor’s office.


Image from http://nairobiwire.com

The nightmare started immediately. Due to the resounding silence from County Headquarters, Nairobians resorted to any channel to scream out their woes. To the empathetic NTV reporter standing by the side of the road, head cocked to the side to avoid the flying spittle from the irate driver who had gone round in circles between South C flyover and Bunyala road roundabout, just trying to get to the city. They took to Facebook to write unceasingly cathartic abuse-filled posts and to Twitter to punch 140 characters of rants and raves. Within hours, Nairobians took over the narrative. Actually, it wasn’t much of a coup, since the narrative had never been controlled by the Governor’s office in the first place. An initiative that was supposedly joint with the central government and the Kenya National Highways Authority landed squarely, and to be honest unfairly, in the melting lap of the Nairobi Governor. The beast was named #KideroDrums and took a life of its own.

Things could have been done differently from the start. They could have had billboards on both sides of the highway approaching each offending roundabout. The billboards would have told us what to expect and when to expect it. Remember, Nairobians spend a lot of time sitting in traffic so it’s not hard to read a billboard even in small print.
The project owners could then have gone to print and social media and run campaigns that were timed. 30 days to go before D-Day. 20 Days to go, 10 Days to go, then: DRUM DAY! Then gone to Wilson Airport and get on board a chopper with a couple of radio hosts, flying around the city and warning motorists of where the hot spots were which could be avoided. These are a few uneducated guesses, but ones that exhort the County Government to stop allowing citizens to own the narrative of their initiatives. Once you allow the public to define the perception, that perception becomes reality despite all evidence to the contrary.

Gaining the public’s trust again especially after the floodwaters of recent weeks will be akin to a bridge building exercise. Forgive this pun, but bridges have been built with the tap of a finger. There must be some good things happening over at the County Headquarters, both now and in the future. Own them, publicize them and stop allowing invested folks on social media to drive your communication for you. As for the KENHA chaps, you owe the Nairobi Governor; he took one for the team!

[email protected]
Twitter: @carolmusyoka

Building a brand based on a cause

Last week, I joined thousands of runners, walkers, joggers and sightseers on the second edition of the First Lady’s Half Marathon that is a key brand pillar for her flagship Beyond Zero campaign. The starting point for the race was at Uhuru Highway opposite the Nakumatt Mega store, but since roads were closed, the closest we could get dropped off was at the Madaraka/Nairobi West roundabout. The road was filled with pedestrians dressed in the bright violet shade of the race T-shirt, and an instant camaraderie was struck with anyone wearing the same uniform. As soon as the gunshot to start the 10 km race went off, Uhuru Highway west bound was filled with thousands of people, and the pitch black tarmac quickly morphed into a beautiful sea of purple as middle class Kenya flowed onto the route. There were no tribal or social groupings, just joyful noise as sections of the crowd broke into songs and cheers to maintain a slow jogging momentum.

But not everyone was wearing the official violet race T-shirt. Zipping in between the runners were young men and ladies in bright crimson T-shirts emblazoned “Sonko Rescue Team”, many of them on roller blades. A few women wore long, black buibuis, and I saw one whose face was completely covered save for her eyes that shone with determination to complete the course in thirty degree centigrade temperatures. There were beauty queens too, Miss Turkana County and a couple of other counties were also represented, the title holders proudly adorning their distinctive winners sashes on top of their racing gear. It was also an opportunity for many to use the services of the pay-as-you-go Ekotoilet facilities at the north and south ends of Uhuru Park and long lines had snaked their way around the buildings by the time we were getting there. It was also quite interesting to observe the participants who stopped at the viewpoint outside Maji House on Community Hill to take pictures of themselves with the ubiquitous KICC in the background. Weaving past the participants were female riders clad in leather from head to toe astride sexy motorbikes branded IMG, the organizers of the event. Their duty became apparent when a girl collapsed somewhere near Riara University with no ambulance in sight. A walkie-talkie was rapidly unleashed from its leather bound confines and a St. John’s Ambulance was there in no time at all. All in all, it was an entertaining, musical and very colorful experience that I thoroughly enjoyed.

Two years ago, the First Lady’s marathon did not exist. The Beyond Zero campaign was founded in January 2014 to partner with the government in reducing maternal and child mortality. The aim is to provide mobile clinics in all 47 counties with a view to helping reduce Kenya’s current maternal mortality rate of 488 deaths per 100,000 live births to 147 by this year. What I observed last Sunday was that if you give middle class Kenyans a cause that they believe in, they can and will actually get off their backsides and fill the streets with passion and fervor to run, walk or rollerblade in its name.

The Beyond Zero campaign is a classic textbook example of how to build a brand. According to a recent article in Forbes magazine, there are 5 critical steps to building a brand but I want to focus on just two. First, you the brand owner have to build a brand you are passionate about. Right from the starting block of her husband’s swearing-in as President, the First Lady has presented a strong, visible maternal image that has brought a softness and humanity to State House without appearing contrived or choreographed. Her passion over women and children’s issues is aligned to the strategic objectives of her office: HIV control, as well as promotion of maternal, new born and child health in Kenya. These strategic objectives happen to cut across all regions and tribes and immediately stir up affinity and sympathy amongst Kenyans.

The second brand building exercise is that you have to be your brand’s biggest advocate. Watching the First Lady train and then execute the 21 km, followed by the full 42 km in London last year captured the hearts of many by showing vulnerability and a willingness to endure physical pain and discomfort for a cause she believes in. It wasn’t a gimmick and it wasn’t for the cameras. For many Kenyans whose idea of exercise is mouthing off curses at matatus, Kanjo officers and traffic overlappers in that order, this was a truckload of inspiration: If a middle-aged mother of three can get up and run a marathon, so can I.

In the 2014 first edition, the marathon registered 11, 000 official participants. This year, there were over 17, 000 registered participants and about 4-6,000 unregistered participants who showed up anyway to run for the cause. The organizers got a taste of the peculiar Kenyan habit of last minute action. Registration for the race began in September 2014 and by March 2nd 2015, six days before the race, only 4,000 people had registered in the 17 registration centres, which translated to less than a person a day on average. In the last five days before the race, 13,000 showed up to register in true native fashion. 148 corporate teams also graced the occasion and the pool of collections for the campaign since inception now stands at about Kshs 200 million with an objective of raising Kshs 600 million in total.

The First Lady’s marathon is a contemporary example of strategy in action. It demonstrates that it is possible to build a brand based on a cause that touches every day life, a cause that knows no social class or tribe. It also demonstrates that you can get Kenyans to run walk or limp for your cause if you yourself are willing to make the sacrifice, physical or otherwise, for the same. I doff my hat to the First Lady and her strategy team.

[email protected]
Twitter: @carolmusyoka

The City of Nairobi as a Financial Hub

‘Our ultimate aim is to create a vibrant and globally competitive financial sector that will promote high level of savings to finance Kenya’s overall investment needs. That will not happen without extensive reforms. Let me highlight some of the most important. First, we will establish a Nairobi International Financial Centre. Our model is the City of London. Once complete, it will consolidate Kenya’s position as our region’s hub, while also supplying the world-class financial services that East Africa’s rapidly growing oil and minerals sector needs.’

The above mentioned quote is extracted from a presentation made by Manoah Esipisu, the Secretary of Communication and State House Spokesperson on February 3rd 2014 at the Bloomberg Africa Forum. So I decided to dig up a little information on why the City of London stands tall and worthy of emulation in Esipisu’s educated eyes. First of all, the Greater London administrative area is made up of 32 boroughs. There are two cities within the 32 boroughs, namely the City of London and the City of Westminster. The City of London is the trading and financial nucleus of Greater London. Colloquially known as the Square Mile due to its geographical acreage of 1.12 square miles, it houses the London Stock Exchange, the Bank of England and Lloyd’s of London. Over 500 banks have offices in the City while a number of the world’s largest law firms are headquartered there and, consequently, the Square Mile accounted for 2.4% of United Kingdom’s GDP in 2009.

As at the last census in 2011, the City has a population of about 7,000 residents, but over 300,000 commute there daily to work, mainly in the financial services sector. Administratively, the City of London Corporation headed by the Lord Mayor governs the City. According to Wikipedia, the 2001 census showed the City as a unique district amongst 376 districts surveyed in England and Wales. The City had the highest number of one-person households, people with qualifications at degree level or higher and the highest indications of overcrowding. It recorded the lowest proportion of households with cars or vans, people who travel to work by car, married couple households and the lowest average household size: just 1.58 people. It also ranked highest within the Greater London area for the percentage of people with no religion and people who are employed. The City has its own police force with slightly over 800 police officers separate from the Metropolitan Police Service covering the remainder of Greater London.
My conclusions: to live in the City of London you have to be paid a ton of money to do a lot of work and have a total lack of discretionary time for matrimonial, social or religious matters! Oh, and that thing called traffic? What traffic? The public transport works quite well thank you! Well enough to get 300,000 in and out of the City environs daily.

So I look at Esipisu’s speech again, especially with regard to the aim of becoming a key financial centre for East Africa’s oil and minerals sector. A friend of mine providing consulting services in the rapidly expanding local Oil and Gas sector told me that there are at least over thirty foreign oil exploration related companies in Kenya closely followed behind by their attendant service providers in aviation, drilling equipment, security and what have you. They are located all over Nairobi as there doesn’t seem to have been foresight at central government level to create a bespoke business district for this critical source of foreign direct investment. Neither have there been any efforts on the immigration side to fast track work permits for the hundreds of specialized professionals that are flying into Kenya to work in the exploration fields. They arrive at JKIA and it takes 3 hours to get from the airport to their hotel rooms because the green city in the sun is actually the gridlocked city in the smog. The average Joe doesn’t want to drive if he can take clean, reliable and decent public transport. But for as long as the city’s transport policy is written by an individual who has a driver waiting for him at his designated parking spot under a cool parking shed, we will struggle to achieve the dream of becoming a financial centre. If goods and services cannot move or be provided freely in Nairobi then providers and consumers of capital, which is a key tenet of a global financial centre, will not come to deliver Esipisu’s dream.

If the Governor’s solution to the endemic traffic jam is to tell Nairobi natives to wake up earlier to get to work, then we’re sunk. Nairobi is not made up office working minions imprisoned on swivel chairs. It’s made up of entrepreneurs who traverse the length and breadth of the metropolitan area buying and selling goods and services. It’s made up of professionals moving from place to place to deliver their professional services as well as their customers coming to them for the same. It’s made up of citizens seeking medical, banking, insurance, education and a whole host of government services between 8 am and 5 pm. Nairobi natives cannot be trusted with the heavy responsibility of choosing the lesser evil between an ex-CEO of a grossly mismanaged corporate versus a stone thrower or, God help us, a bejeweled, money splashing hustler if 2017 rumors are to be believed. In my own view, a college of voters who constitute business owners should elect Nairobi County’s administrative leader. A staggered system of votes, based on number of employees can be designed so that those with more skin in the game have more say. A business owner with 10 employees or less would have one vote, one with 20 employees two votes etcetera.
Only then can we start seeing business minded individuals drive the social and economic agenda of this critical county and lay the groundwork that would help make some of Esipisu’s dreams of a regional financial centre valid.

[email protected]
Twitter: @carolmusyoka

Young Entrepreneurs That Walk The Talk

Entrepreneurship is the last refuge of the trouble making individual. ~ Natalie Clifford Barney

Ted* came to work in my team as an intern in early 2007. Back in those days, working in a financial institution such as Barclays was the alpha and omega of a professional career. He was a stroppy 22 year old, with hair that was at least 3 inches too long and shirts whose cuffs that were at least 3 inches too short of the wrist line. He was a breath of fresh air in an environment of monumental performance pressure underpinned by a staid, insipid office culture. About a month before the first anniversary of his employment, as he had successfully transitioned into a full time job, he came to talk to me about taking a few months off to tour the United States.

“What?” was my incredulous reply. “Yeah, I want to just go around the States, maybe I’ll go to Mexico as well. I just want to figure stuff out,” he said nonchalantly. “But what about your career, I mean, you’ll have this inexplicable black hole in your CV which can’t be addressed with the words ‘backpacked through the United States for the sake of it’ as a line item,” I whined. It didn’t matter. Ted left for the United States, and threw in a couple of months backpacking through Europe as well. When he got back, he decided to start up a business doing websites for companies, as he was now crystal clear that he never wanted to work for anyone again.

Last week, I spent a morning in the offices of Kevin*, a twenty six year old entrepreneur whose business it is to collect electronic data from the online community, make sense of it and then help businesses make strategic decisions by distilling the information into language that decision makers can understand. Kevin has travelled around the world in the last two years providing insights at global conferences as a leading voice on African social media tactics and tips.

For two straight hours I sat with Kevin and two of his team members, getting completely blown away by the quality of data that they are able to collate using people’s Instagram, Facebook and Twitter feeds as sources of what would look like rubbish data to the untrained eye, but is actually valuable information on the experience of products and services by Kenyan consumers. Kevin only has one permanent employee in his office. The rest of his team work on contract from wherever in Kenya that they can link up to a fast internet connection. His clients are multinationals and top tier local corporates who are now starting to understand the benefits of getting unsolicited real time customer experiences to improve on their product offerings.

In a classic serendipitous twist, Kevin’s landlord is Ted, who has now become the consummate entrepreneur. At twenty nine years old, Ted now has 26 employees providing web design, branding and social media marketing solutions to multinational and local organizations in the banking, FMCG and not for profit sectors. I walked through Ted’s offices, where young fellows with 5 inches of Afro, cuff less shirts, loud blaring music and a completely relaxed, colorful environment created extraordinary client solutions on large Mac computers. It turns out that Kevin needed space to set up his business, and Ted gave him a corner desk and unfettered access. “It’s all about how we work together, Kevin thinks differently and thinks big, as a result he has helped us on some of our work and we’ve done some projects together,” Ted told me later. In his playbook, having different people share his rented office space provides opportunity for getting different perspectives on how to do business. Paul is another twenty something entrepreneur sharing Ted’s space. “We liked his vibe and he liked ours so we gave him space as well,” Ted says of Paul. There is a refreshing openness in the way Ted operates with his sub-tenants and a strong culture of leverage from synergistic relationships within the workspace. His big break in providing customized Facebook pages for clients came through a famous Kenyan musician who had come to see his previous music industry production tenant. Ted and his team were trying out their new product and offered it to the musician who had nothing to lose. The marketing manager of a large FMCG multinational saw the page, loved it and commissioned Ted’s company to do one for them. The rest as they say is history as their highly visible work sold itself off its virtual platform.

There are many Ted’s and Kevin’s in Kenya. They have chosen to buck the trend that our education system has tried to force down our collective throats which trend says that cramming, passing exams, going to university and looking for a job is the ultimate route to Canaan. These young men, and the people that they work with are making a big difference in the way that their corporate clients are doing business and understanding a client demographic that is both fluid and fickle. They are providing a service on their own terms, not constrained by the astoundingly boring confines of office environments that stifle creativity.

For every Chicken-gate, Angloleasing-gate and Maize-gate tenderpreneur we have in Kenya, there are at least ten thousand young people who want to make an honest living doing what they are madly passionate about. They fight a system that has conditioned our society into thinking it’s all about passing a standard eight sieve into a smaller form four sieve into an even smaller university sieve that spits out graduates expecting to be absorbed into a small workforce. The chaff that remains at the top of the sieves is browbeaten into defeatism and a self-fulfilling prophecy of doom. I’m glad that Ted bucked the trend and walked out of employment despite my pathetic exhortations against his mad ideas. 26 employees are happier for it.

*Not their real names
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Twitter: @carolmusyoka

Death and Taxes

“In this world, nothing can be said to be certain except death and taxes.” Benjamin Franklin

Sometime in 1996, I took a road trip to Kampala driving northwest through Eldoret and crossing into the beautiful, lush countryside of Uganda via the Malaba border town. It was a relatively uneventful trip except the shock of driving past a small town that looked deserted save for a large cemetery to the side of the highway with several stark white crosses marking the graves of the former town occupants. I didn’t put much thought into it until several days after reaching Kampala and a discussion came up on the dinner table with our Ugandan hosts about the vagaries of AIDS on the population. One of the Ugandans then reminded us about that town, saying that the its population had been decimated by the disease and it remained a stark reminder to Ugandans about the clear and present danger of HIV. Now this was almost twenty years ago, when the social stigma associated with HIV and driven by ignorance and fear was at its highest and, in retrospect, was the likely cause for any surviving residents to move out and desert the town.

I haven’t driven to Kampala since then and I am curious to know what has changed over the last two decades, but I do know that I always remember that scene whenever I am on the Nyeri highway. If one looks at the smallholder farms that straddle both sides of the road past Makuyu and all the way to Karatina, there are always one or two gravestones set aside in the compounds marking the final resting place of loved relatives. In many cases, banana trees or maize surround the gravesides and I often wonder what will happen to the productive capacity of the land, once more people are buried on the small farms thereby shrinking the land available for food production. By the way, if you are the queasy type, I strongly suggest you stop reading this right now and turn the page forthwith.

But that is not even the looming danger. The proximity of these farms to the main highway means that in the event that the road is expanded into a dual carriageway, the movement of those graves is inevitable. Furthermore, since focus is now turning to counties as the engine of economic growth, a lot of the farming activity happening adjacent to large traffic arteries will face pressure for conversion into commercial use as rental housing and shopping centres. I have come to realize that the African native does not like to address the unpleasant issue of burial grounds. The same African native also does not want to think three generations ahead of him, which generations will have a weak, lukewarm or virtually non-existent affinity to his memory. Our loved ones bury us. They talk about us to their own loved ones with much affection tinged with happy memories of eventful interactions. If we are lucky, we might even have our own interactions with the loved ones of our loved ones or, simply put, our grandchildren. However, it is through the grace of the most high that we will live long enough to see our great grand children and by that time they will quite likely be relieved at our departure from our earthly domain. Assuming that we do not get to see our great grandchildren, whatever burial spot our remains will be will have no bearing on those who are living. If the ubiquitous “private developer” comes calling, our great grand children will sell. However, if they are clean of heart and clear of conscience, they may not sell but will curse us to eternal damnation for depriving them of the opportunity to unlock the value on a piece of productive land. Then their children will sell.

Quite simply, our burial traditions will inevitably clash with the growing size of the population and the inevitable expansion of urban centres. We need to address the sensitive and awkward issue of land use in Kenya. But we won’t. Why? Because the native African neither plans for his death nor plans for any generations past the ones he can see immediately in front of him. The patriarchs of three families I know got together and bought a piece of land for their burial and those of their wives. To ensure posterity, they gave that property to a church, which has built a place of worship for the public thereon. I would like to assume that the burial ground, which has now become a holy place, will eventually be populated by church ministers and remain well tended for tens if not hundreds of years – assuming that the Christian faith as we know it survives the foibles of time. That should be the logical thought process for those of us natives who do not want to be buried in a public cemetery but want to be in a place that has linkages to a place we call home.

Kenyans are very good at coming together to do things. The harambee spirit is as encoded in our collective DNA as is electing bad politicians in every election cycle. Contributing an acre as a village, as a clan or as a family or buying land as a group of friends to bury members and their spouses is one way to start changing the mindset and releasing future generations from the burdens of having to knock over our graves as they sell to private developer Singh. Either that, or we begin to have the very uncomfortable conversation about the quite obvious economic merits of cremation.

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Twitter: @carolmusyoka

The Iron Snake slithers into Kenya

Tom decided to visit his sister who was living in France. He assumed that most French would speak English but found that many people spoke only their own language and this included the ticket inspector on the train. He punched Tom’s ticket, then chatted cordially for a bit, making several expansive gestures. Tom simply nodded from time to time to show him that he was interested. When he had gone, an American tourist, also on the train, leaned forward and asked if Tom spoke French.
‘No’, Tom admitted.
‘Then that explains”, she said, “why you didn’t bat an eyelid when he told you that you were on the wrong train.”

A few weeks ago, I had the occasion to drive east on Mombasa road, on my way to Kibwezi town. Growing up as a child, the journey to our annual Mombasa vacation was one filled with giddy excitement as my late father put his faithful Peugeot 504 to the speed test. We would drive for stretches without seeing another car or truck noting dry savannah landscapes teeming with baobab and acacia trees for miles straddling both sides of the road. In those days there were very few urban centres on that stretch. From the relatively sleepy truck stop of Salama to the placid, uninspiring settlements of Sultan Hamud, Emali and Makindu one would only get relatively excited at Mtito Andei as it marked the halfway point of the five hour road trip. That was then. Today these are all bustling roadside stops, whose growth has been driven largely in part by the vibrant trucking industry that hauls tons of local and East African cargo from the port of Mombasa into the hinterland.

What used to be a two hour trip to Kibwezi, which lies 200 kilometres east of Nairobi, is now a hair raising four hour journey largely consisting of dodging heavy trucks driven by foul mouthed imbeciles who brazenly lean out of their cab window and tell you to get off the climbing lane. “Hamuoni kwamba hii lorry imebeba mizigo?” was shouted at us at least twice, when the only other option was to move to the lane of oncoming, hurtling trucks whose visibly smoking brakes hissed louder than a rattlesnake on heat. But hope springs eternal in the standard gauge railway (SGR) construction.

The previously sleepy municipality of Emali is now a key construction base for the SGR project. I saw what looked like two different factories being built with large storage silos for sand, ballast and other construction material. Trucks without any visible registration plates crisscrossed the highway, raising red plumes of dust in the distance from where they seemed to be collecting sand to be taken to the factories. White banners with Chinese lettering would be the first sign that one was approaching a construction zone and there were many points between Emali and Kibwezi where the construction team had laid the foundation for the concrete columns that will carry the 21st century iron snake.

So I asked around when I got to my Kibwezi destination about the impact the SGR construction was having, if any on the population. I met an old acquaintance who I had not seen in years, who has now moved permanently to Mtito Andei. He is supplying sand, ballast and one other thing that’s slipped my mind to the construction sites. His move was occasioned by the fact that he needed to be next to the business as the demand was very high. “Mtito has exploded since the SGR started,” he mused. “Land is now going for a million shillings an acre from less than 500,000 a year ago.” What was fuelling this growth I asked? “People who have been paid compensation for their land lost to the SGR are flush with cash, and the Chinese tell us that it will take one and a half hours by rail from Mtito to Nairobi once the passenger train starts running. So now people are seeing how they can commute from there.” He went further to add that a lot of previously idle young men now had found jobs on the construction sites, even from the Kibwezi area, and prosperity was driving a consumptive economy in the area. Were local farmers benefitting, I asked, since the Chinese must eat something at some point? ‘Actually no,’ said my acquaintance, ‘All their food comes from Nairobi as it is specialized things like pork and Chinese vegetables like bok choy.’ Are there any potential pork farmers in Makueni County listening?

I gather there is a whole economic revitalization occurring under our very noses along the SGR’s construction path that was probably last seen at the turn of the 20th Century. A few critical towns like Mtito Andei and Emali are likely to become bustling urban centres upon completion of the railway as the local citizenry seek ways to apply their new labor skills. The opposite is however true for busy truck pit stops like Salama that may have vehicular and human traffic reduce if the true impact of the project is felt. The SGR train, once commissioned, is slated to carry double stacked containers with a haulage capacity of 4,000 tonnes. Let me put that into perspective for Kenyan road users. With an axle load limit of 48 tonnes, one SGR train trip has the capacity to take out 83 trucks from the roads. Just like that. If successful, this project should greatly reduce the truck traffic on the east-west regional artery that traverses through Kenya. Banks that finance trucking companies should be stress testing their transport portfolios by now, with a view to reducing exposures over time. The benefits of infrastructure development are unfolding before our eyes in terms of job opportunities as well as growth of ancillary industries that make up the raw material supply chain for the project. I fervently pray that this project is completed successfully and prove that we’re on the right train to an economic Canaan.

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Twitter: @carolmusyoka

The Art of War by KNUT

“It is only one who is thoroughly acquainted with the evils of war that can thoroughly understand the profitable way of carrying it on.” Sun Tzu -The Art of War

We have been treated to the theatre of the absurd in the last two weeks with the lead actors being Kenya National Union of Teachers (KNUT) and their seasonal nemesis Kenya Union of Post Primary Education Teachers (KUPPET). They chose to take the government head on and there is no worse enemy to take on than one that has time, energy and resources. Watching the various arms of the government close ranks around the increased remuneration issue was like watching the beautiful execution of a team sport. So I picked some quotes from the classic war treatise The Art of War by Sun Tzu, to try and make sense of the histrionics.

1. Convince your enemy that he will gain very little by attacking you; this will diminish his enthusiasm

As a parent and as a taxpayer, I watched the television-based shenanigans of the striking teachers and their union leaders with part shock, part dismay and a whole lot of disapprobation. Apart from the fact that much of the televised gyrations, rolling about on the tarmac and brandishing of twigs with tightly clenched fists was clearly for the sake of the news hungry reporters, it was sad to imagine that the people doing this are the primary role models and guides for our children. Years ago, I went to Kenya High School where the legendary Mrs Wanjohi was the toughest headmistress known to modern man. A withering gaze from a peeved Mrs. Wanjohi could stop a bull elephant in its tracks let alone a disobedient student or floundering teacher. I can guarantee one thing, you wouldn’t find any teacher under Mrs. Wanjohi’s administration amongst the rabble rousing, sabre rattling teachers with grossly misspelt banners that paraded the streets in mocking defiance of calls to return to work. Our teachers back then set the tone and the values based environment within which we matured from gangly, pimple faced, prepubescent girls into mature young ladies ready to tackle a big, bad world. (Having said that my mathematics teacher tore me into shreds every single day of the four tortuous years that she taught me, almost leading me to believe that I would never amount to anything more than a hair-brained reprobate. It appears she was quite evidently wrong!) From flying spittle accompanied by verbal diarrhea, the union leaders held their heads very high and talked tough at their daily press briefings, always looking from side to side to ensure that there were the requisite nodding heads from the accompanying officials. The press briefing would always end with the ubiquitous “Solidarity Forever” anthem, sang badly out of tune accompanied by swinging arms and pumped chests. Despite all this, the enemy – read government – remained largely unconvinced.

2. He will win whose army is animated by the spirit throughout all its ranks – Sun Tzu

Word soon had it that KNUT and KUPPET were keeping the strike coals burning because they were only interested in raising the amount of union dues collected. It didn’t help when the government put their Kes 9.3 billion offer for allowances on the table and it was rejected with KNUT arguing that it was an increase in basic salaries that was being demanded, not in allowances. You see, union dues can only be deducted from a member’s basic salary not their allowances. Accepting the government’s offer for increased allowances would mean that all that flying spittle was for naught. So the presenters on the Nation FM’s morning show called the chairman of KNUT, Mudzo Nzili to have a “chat” about the strike. You could not have heard a dinosaur dance above the bellowing and spirited defense that Nzili put up, at one point asking the presenters what their interest in KNUT financial matters was. Mr. Nzili, I’ll tell you what the public’s interest is: When you make demands for pay raises that amount to 80% of Kenya’s national budget, we will all sit up and pay attention as we pay the taxes that make up that budget. And what’s your interest? Assuming about 270,000 teachers in Kenya where the lowest earns Kes 16,692 and the highest Kes 144,928, I’m going to work with an average salary of Kes 35,910 which is the middle range salary. If I multiply that average salary by 270,000 I get a figure of Kes 9.695 billion. As union dues are 2% of basic salary, we are talking about Kes 193.9 million possibly being collected by unions every month or Kes 2.3 bn per annum. And I am really lowballing my averages here. When pressed about where these dues were going Mr. Nzili became colorful in his language. In between barely suppressed expletives I heard a vague mention of training for teachers, staff salaries for 60 odd KNUT employees and an annual delegates conference. The public sympathy tide started to shift away from what were starting to become horrific money demands and the ranks began to unravel. But the ruling by the industrial court last Wednesday provided the exit that was required for the unions to save face. As Sun Tzu aptly said: build your opponent a golden bridge to retreat across.

But what we watched last week was actually a situation of our own making. We natives have sat back and watched MPs increase their own salaries and kept quiet. We have watched MCAs trundle around the world, flushing our money down the toilet and we have kept quiet. We have watched Goldenberg, Anglo Leasing, Maizegate, Chickengate and who knows how many other unopened gates yet we have kept quiet. How do we expect teachers to sit back and keep quiet when it’s their turn to fight? It’s a race to the “our share of the taxpayer cake” bottom, and we are hurtling at a deathly speed. Ask the Greeks, they’ve been here before.

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Twitter: @carolmusyoka

Now that’s a story!

I recently attended a personal development course and my one key takeaway from the course was this: There is what happened and then there is the story one creates around what happened. I will illustrate by example. Your boss walks into the office and finds you standing at the photocopy machine talking to 3 colleagues. He glances at you briefly and keeps on walking to his office. That is what happened. When you narrate the story to your spouse that evening you say that your boss walked into the office that morning, found you at the photocopying machine talking and made a mental note to himself that you do nothing better with your time than stand around the office gossiping with your colleagues. That is a story you have created.

This was an a-ha moment for me as I started to see very many stories that I had woven in my day-to-day floundering across the tortuous path that is life. A story is your creation. It is your interpretation of an event that has occurred and may be completely different from someone else who witnessed or participated in the same event. The key is to be able to differentiate what your perception is from what is simple fact and to appreciate that your past experiences may help to create a biased lens through which you define events around you. Enough said. I’m happy to report that I can now see very many stories that need to be unwound or completely deleted from my inventive misinterpretation of events.

Story 1:
A man walks into Jomo Kenyatta International Airport some days ago and manages to bluster his way past the ticketing agent and onto an aeroplane without properly identifying himself. The flight is unable to depart as there has been a serious security breach. That is what happened. However, as I saw it, a conceited, supercilious, bumptious and highfalutin legislator fervently subscribes to the former and highly disgraced deputy chief justice’s school of thought of “You should know people”. He then forced an entire planeload of innocent and law-abiding passengers to deplane in order for him to be ejected from the flight with dignity. That is a story I have created. I apologize profusely to the man who does not know that I even exist for being presumptuous, drawing condemnatory conclusions and thus being judgmental.

Story 2: I have undertaken multiple projects in the last six months that require different kinds of artisans. As a result the “F” section of my contact list on my phone is full of Fundi Tiles, Fundi Rangi, and every imaginable artisan required where a building repair project is underway. I have probably met over ten fundis multiple times to buy raw materials or receive a quote. Without exception, every single fundi I have met is always on time. Bang on time. In fact, many appear even ten minutes before the appointed hour. And every single one of them does not own a car. They come to the meeting venue using a matatu. That is what has consistently happened. However, as I have slowly come to conclude, many of the meetings I have with people who drive themselves (or are driven) to the venue will typically find me as the first to arrive. The other person or people are very often late. Ten minutes late, fifteen minutes late. Some, God bless them, even thirty minutes late with breathless text messages (no one usually has the temerity to call and say they are running late even though it’s cheaper to call and make that 10 second wheezing statement than to text). The story I have now woven in my tardiness hating brain is that their time is more important than mine. That the fact that they drive a car has elevated them to a level of such self-importance that arriving on time is deemed to be a sign of desperation, hunger even. The story I have woven is that punctuality is conversely related to ownership of wheels. That fundis, in their unflinching desire to put food on their own tables, value the concept of time and presenting themselves as if they value their customer’s time more than their own. That’s a story I have created. I therefore apologize to all the friends and colleagues who have kept me waiting for them with no apologies preceding their dilatory habits. Your time is more important than mine.

Story 3: A few weeks ago, a mobile telephone company that has the biggest money transfer service together with a commercial bank that has the fastest growing and largest customer base were both summoned before a parliamentary committee. That’s what happened. However, every large corporate institution that does business in this country and others that might have been thinking about doing business in this country felt a collective shudder of horror. A country as developed as Kenya, with strong regulatory institutions and a functioning judicial system, now has a legislature that is so morally bankrupt as to poke its unwanted nose in matters that do not concern it under the mistaken notion of representing “the people’s” interests. The story I have created for myself is that the parliamentary committee in question has the capacity to singlehandedly change the business landscape in Kenya and make us a very unattractive destination for both local and international capital. I apologize profusely for purporting to think that such parliamentary committees are made up of individuals bored out of their skulls with nothing better to do than to harvest where they have not sown and opine on matters that are far beyond any comprehensive capability that they could collectively muster. I have created a story based on my very biased view of those honorable members of parliament whose unquestionable contribution to Kenya’s economic wellbeing and growth has undoubtedly been the best in Africa. For that I am truly sorry.

Here’s to a life filled with acceptance of facts rather than fictions of my fertile imagination.

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Twitter: @carolmusyoka

Inside a Kibera Jail cell is not christmas

The French have a wonderful saying that goes something like “Plus ça change, plus c’est la meme chose.” You may have figured it out by now if your high school French has been dusted off the long forgotten brain shelves. On May 27th last year, I published, in this very column, a 1000 word soliloquy addressed to Inspector General Kimaiyo and Chief Justice Mutunga. Knowing full well that not a day passes without someone bestowing a curse or a blessing on either of the gentlemen, I did not expect a response from them. Keeping in true form, they didn’t disappoint. I started off by narrating a less than exemplary experience that I endured as a guest of the state at Makadara law court cells. I then finished off by making a suggestion, as a good citizen should, that perhaps the court’s time could be far better used attending to drunk and disorderly louts, witchcraft cases and matters more grave such as robbery and murder rather than wasting time over minor traffic offences where the victim is simply a Kenyan who doesn’t want to pay a bribe. That was before the 50 kilometre per hour speed enforcement Christmas-comes-early gift that was awarded to Kenyan traffic police. The more things change, the more they stay the same as the French have aptly taught us.

On Friday, September 26th 2014, a very close relative of mine was driving down Waiyaki Way struggling with a numbed right foot that was engorged with sluggish blood from trying to maintain a 50 km/h speed on a sloping highway with trucks whizzing past at breakneck speeds. She was pulled over just before Brookside Drive and accused of doing the Lewis Hamilton Formula One record-breaking speed of 62 km/h in a 50 km/h zone. There were several drivers who had also been pulled over for speeding and who formed a forlorn line on the side awaiting to be told of their fate at the ad hoc “Huduma Centre” that had been installed by the Kenya Traffic Police. She was quite surprised to find that a car that had overtaken her about a kilometer before, doing at least 100 km/h was not amongst the cars pulled over, and promptly asked the policemen why that was the case. “Ah, dada pole sana, hiyo ni bahati yako mbaya.” So law enforcement clearly operates on the basis of good and bad luck rather than uniform application, right? The policemen, to their credit, were polite and professional and even pointed out an mpesa agent who could give traffic offenders the cash bail (Kshs 10,000) that was required to get a temporary freedom to the following Monday, where the cases would be heard at Kibera law courts.

A quiet word on the side was however whispered to the effect that the problem could vanish faster than sugar dissolves in tea if the right kind of impetus was provided. Well, Close Relative was having none of that and appeared for her court case promptly at 8 a.m. last Monday. And there, the illusion that is Mutunga’s “I have a dream” vision promptly dissolved. Being from good breeding, Close Relative arrived at 7:45 a.m. The court doors did not open until 9:05 a.m. and the magistrate promptly began his business at 10:20 a.m. As he was gliding on efficiency roller skates that morning, he opted to start with the day’s cases first, to rid the court of the lawyers and witnesses who had by this time filled the court causing it to almost burst at its cement seams. Following this were the mentions for the “mahabusus” who didn’t have the benefit of being out on bail. The traffic cases were dealt with at around 1 p.m. and Close Relative was literally swaying on her feet to stay alert for her name to be called out. Only two people were called out with traffic offenses from Waiyaki Way that day, which led Close Relative to safely assume that the other long line of traffic offenders that she found at the “Brookside Drive Huduma Centre” on the Friday of the offense, had miraculously had their cases vanish…like the sugar in the tea thing I spoke about. Long story short, she was charged Kshs 20,000 and thrown promptly inside the Kibera law courts cells as her friend on the outside worked out the system to pay her fine for her release. (Kenyans please note: NEVER go alone for a traffic court date. You need someone to pay your fine for you as you stew in sheer terror behind bars with the general prison population back there)

My conclusions: 1. Once the system chews you up and spits a terrified you out, it is geared to ensure that the next time you are caught you will do everything in your power (including having a big fight with your conscience) to ensure you never go back there again. Read into that what you will. 2. Every single time a government functionary wakes up and declares a deeply buried law will now be enforced, the Kenyan police dance a jig and break out the champagne. Exhumed laws make trawling the Kenyan streets looking for victims all that more interesting and only widens the scope for “shaking down” new prey.
The solution is simple: Allow someone to pay their fine on the spot once they are caught with a traffic offense that has the option of a fine. It would reduce the workload of the hard working magistrates, increase revenue collection at the roadside Huduma Centres and release Kenyans to go and undertake economic activities that will maintain our status as a middle-income country. Oh, but I forget, that would be too efficient wouldn’t it? Dear Kimaiyo and Mutunga, as you ignore me a second time my prayer for you is that you NEVER have to be a guest of the state, albeit temporarily. It would make your chocolate colored skin yearn to crawl back to its lofty perch.

Postscript: If you would like to join the petition to the Chief Justice to allow for on the spot payment of fines please like the Facebook page “Petition For Direct Payment of Traffic Fines.”

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Twitter: @carolmusyoka

The Labours of the Labour Party

“Last time we had spin doctors desperately igniting applause for a flailing leader was at the Tory conference days before Iain Duncan Smith was dumped. Oh dear. It is a measure of how pea-soupy, how hum-drum and adolescent Ed Miliband’s speech was yesterday that three of his claque stood at the side of the hall and tried to get the crowd clapping…Within five minutes it was apparent the speech was fast going phutt. Mr. Miliband, having again opted for a memorized performance, was uncertain of his words. Gaps appeared between sentences. The rhetorical energy was so faint, it could have done with a snort of smelling salts.”
Quentin Letts, Daily Mail on September 24, 2014.

Last week I was in London and my trip coincided with the annual Labor Party conference in Manchester on Tuesday 23rd September, where the Labor Party leader, Ed Miliband, made a less than spectacular memorized speech that was ripped to shreds by mainstream media. Firstly, I have to get this off my chest: there were no attacks on the “tribe” of the media commentators. Political leaders are not immune to the invariable scathing criticism from the media without their sycophantic followers necessarily “catching feelings” to use Kenyan parlance. Phew, that was a relief. Now to my observations: the hard working and tax paying resident of the United Kingdom pays a lot of attention to the seemingly nonsensical rhetoric of the political class. Why? This is because the ruling party will have an enormous impact on the quality of life of the average resident simply because tax revenue is a big driver of the government’s budget and different political parties have varying views on which sections of the economy to tax and which economic policies to enforce.

A good example comes out of Ed Miliband’s speech on the direction he expects his government to take in the event of his win in the 2015 general election. Quoting James Chapman in the Daily Mail: “The Labor leader said that if elected he would seek to fashion an interventionist state based on something he called ‘the principle of together’. He said he would tax tobacco companies, owners of valuable properties and hedge funds to raise £2.5 billion (Kshs 342 billion) to pay for 20,000 more nurses, 8,000 more GPs (doctors), 5,000 more care workers and 3,000 midwives. A ‘mansion tax’ would be introduced on more than 100,000 homes worth more than £2million (Kshs 290 million). Developers will no longer be allowed to ‘sit on land’, which will be released for house building and ‘cruel and vindictive’ cuts to housing benefits will be reversed.” Miliband is purported to have used the word ‘together’ 47 times.

As I sat with some old friends having some spiritual nourishment of the liquid kind at a pub in Leicester square last week, a beggar of Caucasian extraction stopped at our table (we were seated on the pavement) and asked us for some coins. I reached into my purse and removed a few coins that I had much to my friend Patricia’s disgust. ‘Don’t give him anything, he is entitled to council housing and food which are financed by my taxes,’ she said. Patricia, who works for one of the big four audit firms was rightfully pained. She pays 40% of her salary in taxes, which are partly used in the welfare system that the United Kingdom provides for its citizens. By the end of the evening, a total of nine beggars had passed by our table, each with a more soppy story than the last, but by which time I had become inured to the pathetic, dirty faces after Patricia had walked me through the fairly generous welfare system that has led to generations of families living on the “dole” which celebrates indolent lifestyles. With annual welfare payments of up to £60,000 per year (Kshs 8.7 million per annum or Kshs 725,000 per month) some of these folks live in council flats in central London where apartments in neighboring buildings are charging £1,500 per month in rent. Some of the “cruel and vindictive housing cuts” that Miliband is referring to happened when the government realized that the welfare recipients living in apartments in central London enjoyed a lavish lifestyle financed by the state. The cuts therefore introduced a “market rate” where the council housing rent was given a market value and deducted from the total benefits received by the recipient. The aim then was to push the residents out of central London to a place more affordable where they could use less of their welfare money on housing. Eventually, the council housing should be converted into real estate that is generating true market value returns.

The trick that many of the welfare recipients have cottoned on to is to have many children, as one’s benefits are increased consequent to the number of dependents one has. For a true capitalist like me, it is nothing short of abhorrent that there would be someone waiting for me to work my backside off every day and pay my taxes so that they could live off of my sweat. But I digress. One key point that 3rd world countries should note in Miliband’s speech is the need for more health care workers. Over 60% of the National Health Service is now staffed by nursing immigrants from Malawi, Kenya, Uganda, Phillipines and India to name a few countries. It has caused a significant drain on the medical resources of some of these countries and is a cause for worry as local governments cannot compete with the salary scales offered in the United Kingdom nor the promise of residency and potential citizenship after a few years of good service.

So we are all in Miliband’s bus ‘together’. The good news is that polls show Miliband’s approval rating is at minus 23 per cent 12 months ahead of an election. Perhaps there is hope for all mansion owners, tobacco companies and owners of undeveloped land then!

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Twitter: @carolmusyoka

Making the most of bad interview questions

A friend of mine recently sent me a brilliantly written article by Forbes columnist Liz Ryan titled ‘Smart answers to stupid interview questions’. The writer takes pot shots at the inanity of the job interview process, particularly around the buffet selection of ‘stupid questions’ that have taken pride of place at every interview table. She summarizes them into three classically stupid questions: (1) What is your greatest weakness? (2) With all the talented candidates why should we hire you? and (3) Where do you see yourself in five years? You have to read the article yourself to find out what she really thinks should be the true answer to those questions. However, I smiled as I read the piece as she may as well have been talking about an interview in the cool climes of an Uppherhill office as she was talking about one on Wall Street.

Firstly, having sat in on countless interviews from the most junior entry level employees to potential CEOs I can say with utmost certainty that the most favorite answer to the first question about what is your greatest weakness is“Impatience”. Invariably, the successful candidate who said “impatience” during her interview cannot answer your email in a week let alone a day. She is impatient with slow people around her but never turns the lens on herself when output is required to be delivered within reasonable time frames. She is impatient when work is not delivered to her on time by subordinates and often does the job herself because she believes in the mantra that “if you want a good job done, you have to do it yourself.” Be very careful of the candidate that answers impatience as a weakness. It’s a much easier and less wicked vice to admit to having than other vices like “I love backstabbing my colleagues by talking smack about them to the boss at any given opportunity.” Or the team building classic: “I love hearing good ideas and taking credit for them when the boss asks whose idea it was.” I’d love to see the candidate who admits: “I hate taking orders from anyone and that’s generally a weakness I struggle with, but I am seeing a counselor about it. Does the company medical policy cover psychological counseling by the way?” Folks: no one is ever going to admit their greatest weakness to you unless you are either (a) their priest or (b) their soon-to-be-ex-lover.

The second question relating to why should the company hire you over and above the other candidates provides a moral and cultural quandary to many candidates. You are asking the candidate to brag and to show up the other candidates making them pale in comparison to yourself. In many cultures, bragging about your achievements at the expense of making your peers look inconsequential is frowned upon and viewed as conduct unbecoming. Your resumé should speak for itself and, failing that, the interviewers should use their powers of comprehension and deduction to arrive at which of the candidates is the best amongst those before them (which they actually do end up doing anyway!). However, one can also argue that this question gives the candidate the opportunity to sell himself, demonstrating self-belief and confidence that are basic requirements and the staple for every single job description in this world, right? Wrong! This is not the annual Baringo goat auction. The candidates do not need to say why they are great for the interview panelists to determine if they are suitable for the job. Furthermore, the candidate doesn’t even know who the other candidates are anyway, otherwise it would end up being a slugfest: “If you guys are thinking of hiring that Susan lady who walked out of here, you must be totally nuts. She couldn’t organize a party in a brewery even if the instructions were stapled to her forehead.” Therefore how then will the candidate be able to give an honest answer as to whether they are the best candidate for the job when, chances are, there is another candidate who they know is undoubtedly better than them. This question, if anything, is asking the candidate to lie. Just like question one about greatest weaknesses.

The final “stupid” question asks: “Where do you see yourself in five years?” Look, I get it. We want to see if the candidate has (a) ambition to grow herself and (b) a medium to long-term outlook on her chances of sticking with the organization. Once again, we are asking our candidates to lie. Truth be told, no one knows where they will be in five years, let alone tomorrow. We wake up every morning thankful to our chosen deities for giving us the chance to live another day. We pray (for the spiritually inclined) and hope (for the non-spiritually inclined) that we will be alive in five years. Then we pray or hope that we will be financially freed from the shackles of this very employment we are groveling for so that we can follow our true passion be it sailing, growing exotic bonsai trees or painting serene landscapes. Because, as you all very well know, we work so that we can live, and if we didn’t have to live, we wouldn’t have to work. There are of course one or two frenzied exceptions who live to work, but obviously those are the ones following their true passion and who don’t see what they do as work. They are few and far between and a complete fresh of breath air to be around. Their joie de vivre is heady and intoxicating making us wish that we too could be doing what we truly love doing which is likely not in someone else’s organization. How many good candidates have we lost because they didn’t want to lie about their weaknesses, their perceived talents or their location in the future? One thing’s for sure: a 30-minute interview is the worst beauty contest ever.

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Twitter @carolmusyoka

Is money to rain from the mashinani heavens?

I’m not an economist. But I do know one thing: you cannot remove blood from a stone. Once upon a time there lived a King who ruled over a large kingdom and efficiently taxed his subjects. Every six months, each household had to give a pregnant goat to the village administrator. Once the goat had given birth, the administrator would keep one of the kids as his reward and pass the mother goat and the remaining kids to the King. But some of the village administrators started getting unhappy with their rewards. “Why can’t we keep all the kids and pass the mother goat to the King?” they asked. The King heard about the murmuring amongst some of the administrators and called them to a conference in his palace. “Some of you are unhappy with the reward system of keeping one kid and passing the rest to me. I need all the kids as I use them to feed my soldiers who defend this great kingdom from our enemies. I need the mother goats as I use them to breed with my prize male goats to reproduce even more goats which go into the national coffers. Our kingdom is wealthy and the envy of all the other kingdoms on this continent. If there is a drought, I can feed my people with my goats. Do not try to change the order of things,” he said. But the village administrators, who had now all been convinced of the benefits, stuck to their guns. “The people have sent us here to tell you that we should get two kids each. The people know that we will share the benefits of these kids with them. The people are behind us 100%,” said the self appointed leader of the village administrators. “Alright then,” boomed the King, ”It shall be so. From today henceforth, you shall keep all the kids and send the mother goat to me. But from today henceforth, all households are now required to give me two pregnant goats. Be gone from my presence and good luck explaining to your villagers why your request has ended up doubling their taxes.”

Like I said, I’m no economist. But it doesn’t take an economist to see the end result of this “pesa mashinani” red herring that is being placed before us in the form of a referendum. The wags behind the push claim that the central government should send even more money to the counties for ultimate distribution in development projects. The central government has a finite source of funds, the bulk of which are derived from taxing you, the Kenyan citizen. You are taxed on your salary via pay as you earn, on the goods and services you purchase via value added tax, on the equipment and cars you import via import duty, on the profits you make as you do business via income tax and the list goes on. The government also has an almost infinite use for those revenues: salaries have to be paid, domestic and foreign debt must be repaid, roads, ports and bridges have to be built…you’re getting my drift. If more funds are sent to the counties, the central government’s expenditure will not necessarily reduce, as the factors driving expenditure remain constant. A 2013 Ministry of Devolution and Planning report titled: A Comprehensive Review of Public Spending states that since 2008, growth in (central) government consumption surpassed growth in private consumption. In 2007, private consumption expanded by 7.3 percent and government consumption by 4.4 per cent. However from 2009 to 2011 the average growth in private consumption was 2 per cent compared with an average growth rate of 4.3 percent for government consumption.

Brothers and sisters of this our beloved country: the central Kenyan government is a behemoth. A voracious behemoth that is now consuming even more than the private sector if its own reports are to be believed. If more money is sent to the counties (who, with the exception of one or two, have quite brazenly demonstrated their inability to absorb their allocations or spend funds on development activities) then the central government will have no choice but to do one thing: tax us more. Yes, more blood must be squeezed from our unyielding stones because the erudite and well-educated politicians have convinced us natives that our best solution is to have more money for them to spend at the county level. And as the table below shows, we rank average in the league table of tax collection as a percentage of GDP globally, but from an African perspective, we are not doing too badly. We fare the best in the East African Community but pale in comparison to Zimbabwe (shock of shocks it is the number one country globally!), Lesotho and Swaziland. The common theme, though, with Lesotho and Swaziland (which can both comfortably fit in Rift Valley County’s pocket) is that they lack natural resources and therefore must extract as much as possible from the taxable populace. Zimbabwe, without donor budgetary support and improbable access to global debts, has to aggressively ensure that the local revenue stones bleed. On the other extreme is the United Arab Emirates that has generated enough income from its oil resources as to reduce the tax burden on its citizens to almost nil. So all you pesa mashinani stalwarts, please get on your collective knees and pray as follows: Dear Deity of choice, please make Kenya’s oil resources start producing instantly and ensure our government manages the forthcoming revenues expeditiously. If you, Deity of choice, do not like this prayer petition and fail to grant it then please make the Kenyan natives’ stones start bleeding. Profusely. Amen.

Country Tax Collected as a Percentage of GDP
Zimbabwe 49.3%
Lesotho 42.9%
Swaziland 39.8%
United Kingdom 39.0%
South Africa 26.9%
United States 26.9%
Kenya 18.4%
Egypt 15.8%
Rwanda 14.1%
Uganda 12.6%
Tanzania 12.0%
Nigeria 6.1%
United Arab Emirates 1.4 %
Source: Index of Economic Freedom, Heritage Foundation

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Twitter: @carolmusyoka

Bubble? What Bubble?


Last Tuesday, my friend Wallace Kantai penned a very interesting column in this newspaper titled “Why Kenya’s real estate scene is a bubble waiting to burst.” I read it online as I like to see reader comments, some of which are interesting, others amusing while others demonstrate that there one or two readers who are suffering from bats in their belfry. Spewing out bile, abuses and hate on a writer of a quotidian subject like real estate is inarguably odd. I should know as I have received death threats in the past when I write my own opinions about Kenya’s real estate. They walk amongst us.

Anyway back to Wallace’s piece. One of the online commentators made a very good point: regional instability drives local housing demand. For as long as there is regional instability in places such as Somalia and South Sudan, there will always be a demand for housing in Kenya from their moneyed elite that does business in those countries but channels the profits elsewhere. Another commentator hit the nail on the head: proceeds from corruption are being channeled to real estate. How very true, after all real estate as an asset class has lowest barriers to entry. All you need is an off-the-briefcase-lawyer’s-shelf-company that has a ton of cash to buy a house. No questions asked and, until very recently, no tax implications such as capital gains tax. Park your corruption proceeds in a block of residential flats, a commercial building or a hotel then sit back and wait for the value of the property to rise.

As long as there is regional instability and deep seated corruption in Kenya, our real estate scene will only go in one direction: up! If you look at housing bubbles in other markets such as the United States and Europe, the primary driver for the rise and subsequent fall in housing prices is one thing only: access to credit. This access to credit is provided on both the demand side (buyers of property) and the supply side (developers of property). In China for example, the property market which has in the past been described as “red hot” has seen a big decline as developers are faced with huge housing stocks, large debt and a slowdown of demand. The result is that developers start to slash the prices of their housing stock as their bankers start to pile pressure for loan repayments. CNBC.com reports that according to a survey by China Real Estate Index System (CREIS), 45 of the 100 cities experienced month-on-month property price declines in April, up from 37 cities in March. The obvious result is that buyers then stay away from the market as they await the prices to flatten out so that their investments don’t start off at a negative from the beginning. Interestingly enough, the Chinese mortgage market requires a significant amount of down payment from potential borrowers, which makes the debt portion of the average Chinese homeowner’s property relatively low. Thus credit does not play a significant role in the take up of housing stock in China, as it did in the USA with the 100% and above financing that was given even to illiterate, non-income earning borrowers in the run up to the 2008 financial crisis. CNBC.com reports that with rental yields as low as 1-2% due to the oversupply of housing stock compared with mortgage rates in the 6-7% range, the motivation to rent a house rather than buy one is, financially, a foregone conclusion.
Let’s look at the rental yield argument for a minute. You buy an apartment in Kilimani for Kshs 15 million, pay 4% stamp duty at Kshs 600,000/- and legal fees at say 2%, which would be Kshs 300,000/-. Your total upfront cost is thus Kshs 15.9 million. You choose to rent it out since you already live in another house and just needed a place to park a loose 16 metre (in Kenyan parlance) since the bank was only giving interest of about 8% p.a. and the bank manager was already asking questions as to how that figure multiplied by ten had just “landed” into your bank account last month. You will probably get about Kshs 75,000 per month in rent, which translates to Kshs 900,000 as your annual rental income. If you divide that by the cost of the house at Kshs 15.9 million, your gross rental yield comes to 5.66%. I say gross, because I haven’t netted off any taxes or maintenance costs that you may be paying on the apartment. Today mortgage rates in Kenya are anywhere between 11% (assuming you are an A+ customer at the bank that’s allegedly giving this rate) and 19% (which is the rate that the ordinary mwananchi is getting). The regular Kenyan can afford to pay 5.66% on the value of a property to a Landlord rather than 19% to a bank. It’s useful to note that the rule of thumb in real estate investing is that you should be at least earning 10% per annum in rental yields. Thus a Kilimani apartment that has a total cost of Kshs 15.9 million should be generating an annual rental income of Kshs 1.5 million per annum or Kshs 125,000 per month. If this is not your yield, then your acquisition, from a real estate investment perspective, is under water. But wait; shouldn’t we factor in the capital appreciation on the apartment? That’s what I would do, and given that the property is appreciating on an annual basis at about 12% or Kshs 1,908,000 then if I add that amount to my annual rental income of Kshs 900,000, I’m getting a return on my property of about 17% p.a. Not bad, but still below what it costs to borrow at 19%. So our property market today is geared towards rewarding the cash buyer and penalizing the mortgage borrower. Question is, are there enough cash buyers in the market? Ask Somalia, South Sudan and Kenya’s tenderpreneurs.

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Twitter: @carolmusyoka

Strangers in your own home

Patriotism is defined as the act of vigorously supporting ones country and is prepared to defend it against enemies or detractors. Quite similarly, loyalty is defined as a strong feeling of support or allegiance. The two actions evoke a lot of emotion and passion particularly about the country, person, organization or item that is the subject matter.

Many years ago, while I was still a minion busting the banking grind, we went to visit the executive team at Airtel’s predecessor, Celtel who had indicated that they wanted to undertake an enormous capex project that required millions of dollars. As we drove to their offices, the key relationship manager asked us to remove our business cards so that he could see them. We obliged him. He took one look at the cards and muttered an expletive under his breath. with raised eyebrows, my senior asked him what the problem was. “You can’t give your cards when we get to the Celtel offices,” he answered. “The Celtel executives are very sensitive about working with people who use their services and all your cards show Safaricom numbers.” With raised eyebrows, we swallowed the snide retorts that were on the tip of our tongues and feigned having forgotten our business cards in the office when the meeting introductions took place at Celtel.

I have also been reliably informed that if you are going to do business in Kigali with the government of Rwanda, don’t try and rock up on the first Kenya Airways morning flight, bright eyed and bushy tailed, ready for business. They don’t appreciate that. If you want to do business with them, then fly RwandAir and pay the “loyalty tax” that is levied on suppliers by many businesses worldwide. The evidence may be anecdotal but is very true. Business loyalty demands business loyalty

I write this because I have a veritable bee in my bonnet. Landing at JKIA at about 9:30 p.m. a few days ago, I found the usual, absolute total chaos at the immigration hall after passing through a makeshift Ebola processing barrier where a tiny plastic pen was appended to my forehead and I was given a clean bill of health. Now, frequent travellers will know that the worst times to land at JKIA are between 5:30 and 7:30 in the morning and between 8 and 10 at night as this is when several Kenya Airways flights as well as other international airlines are landing. Our immigration department has attempted (please note the deliberate use of the word attempted) to reward Kenyans with their citizenship by creating about four dedicated counters for passport processing. East African Community and Comesa get about two more counters and then the rest of the world get another four counters or so. It is noteworthy that most of the rest-of-the-world citizens are given visas at the counter and thus their processes can take at least 10 minutes. I have travelled widely in the last ten years and nowhere am I made to feel like a gnat in a bottle than in American airports like Chicago, Miami, New York or Heathrow , Johannesburg and Dubai. Why you ask? Because you are NOT allowed to even THINK about standing in the queue that says citizens only (which of course moves faster than every other queue) and you will stand in a snake of a line that would make Moses and his Red Sea crossing look like a kindergarten game. Typical wait times on these airport immigration queues are anything from one and a half to two hours. The common thread in all these airports: you cannot and will not be invited to join the citizens only queue until ALL the citizens have been processed. How do they do this? They employ floorwalkers whose job it is to monitor the counters and ensure that all immigration counters are being utilized effectively, with priority to citizens.

So you can imagine my anger when I landed a few days ago and found at least 30 Americans standing on the “Kenyans Only” queue. The Americans needed visas and therefore tied up the ENTIRE queue of Kenyans waiting behind them as they were being served. When I got to the immigration official an hour later I just let it rip. How in heaven’s name could they allow this to happen? The immigration official shrugged her shoulders and said “Ongea na wakubwa, wao ndio watasema vile tutafanya.” So I should talk to Immigration seniors to ask them to tell their officers at JKIA inbound immigration to respect the very BIG signs above them that clearly state Kenyan citizens only? Nonsense!

I had no words. I still have no words. As a Kenyan I am used to being treated nothing less than an unwelcome cockroach when I visit other countries and watch them glorify their own citizens by giving them an express pass without giving a rat’s toenail about the long lines of hungry, tired passengers that wait their turn to be given a smidgeon of attention. So I expect the same when I come home. I expect that someone will be standing at the front of the queues ensuring that Kenyan citizens get their just rewards for holding those navy blue passports emblazoned with our national coat of arms. I expect that I will sashay past those hungry, tired passengers who have come from countries that will give them royal treatment when they return home.

I am a proud Kenyan. I want others to pay a loyalty tax by standing in queues for hours as they make us do when we go to their country. But no, instead I get my fellow countrymen manning immigration counters and celebrating the foreigners as if they were their paymasters.

Dear next-head-of-the-Department-of-Immigration: Please remember you are Kenyan. Please celebrate your Kenyan-ness at the expense of other visitors. Please enforce the citizens only immigration counters at JKIA and make visitors remember that we, Kenyan Citizens, own this country. Yours truly, a Kenyan patriot.

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Twitter: @carolmusyoka

Dice it or slice it, it’s still lipstick on a pig.

Once upon a time, there lived a pig. Everyone told the pig how ugly it was. The pig went on a diet and lost ten kilos, but everyone still saw it for what it was: a pig. It hired the sharpest professionals to undertake reams and reams of research and spin scientific sounding data about how it was the best animal alive, but everyone still saw it for what it was: a pig. It finally walked into a shop and bought lipstick, which it promptly smeared on its pouty lips. But everyone could only see what it was: a pig. And so the pig lived unhappily ever after.

I have been writing this weekly opinion piece since March 2009, which would make it slightly over five years of a punishing weekly process of about 5 hours of staring into space wishing for a topic to emerge out of thin air followed by 3-4 hours of pounding furiously at my laptop to produce 1000 sensible words. I refrain from putting my credentials at the end of these opinion pieces simply because I don’t think one or two sentences can cover my (short) lifetime of experiences. But I feel for the sake of some readers, I should explain my background. Before I started writing I was, believe it or not, a real life banker. In the ten or so years that I worked in the industry I played various roles but ended up as an executive director of not one but two banks. In the course of those roles I had direct responsibility over what we called the P&L and the Balance Sheet, meaning that I led teams that grew revenue (and, therefore, profit or loss) from the skillful management of assets and liabilities (on the balance sheet).

Pricing of those assets (or loans in regular-speak) and liabilities (deposits) was determined by myself but with the strong guidance of the Assets and Liabilities Committee or ALCO which committee is a regulatory requirement for any financial institution licensed by the Central Bank of Kenya. One of the core objectives for ALCO in any bank is to set the bank base rate as this is what will guide the pricing of all retail and corporate loans. The ALCO also gives guidance on what pricing on deposits should be based on the current cost of money in the market. I have therefore made pricing decisions on loans and on deposits. I undertook this role with my sleeves rolled up and heels tucked neatly under my table as I made money for my employer. On the corporate side we had bespoke pricing for the multinational and top tier local corporates, which meant that each client had their own unique pricing based on their historical, current and projected financial performance, quality of securities and past borrowing history. On the retail side, perhaps only the high net worth individuals would have differentiated pricing again based on their projected cash flows and quality of securities. The rest of the “watus” were managed in bulk for many reasons, one of them being primarily the cost of assessing past borrowing history, monitoring and differentiating individual credits would be herculean.

Not that it can’t be done, it’s just too much administration in a market that is not used to differentiation on a retail mass-market basis. And thus an unholy alliance formed within the banking sector for the retail mass-market customer segment. If the big Tier 1 banks that were the price-setters were not willing to differentiate on price, then the Tier 2 and Tier 3 banks would happily play in the same space, after all, it was more money for everyone. Furthermore, the large spreads being enjoyed above base rate in the retail mass-market allowed for historical operating inefficiencies to be catered for. However, there are banks that have managed to streamline their operations through automation and centralization but continue to ride the high interest rate gravy train. It’s too good to get off!

Why have I quibbled so much about bank pricing, which I already hemmed and hawed about three weeks ago? This is because my sentiments on the new Kenya Banks Reference Rate (KBRR), which come from actual practice rather than theoretical posturing about macroeconomic gobbledygook, have received some criticism as being the rambling justifications of an armchair analyst. I have warmed many armchairs, I most certainly admit, but they are the armchairs of retirement from active employment in a thriving and exciting banking industry.

So I say it again: John, who has borrowed 7 times in the last ten years and has faithfully repaid all his loans on time should borrow at say KBRR +2% whereas Julius who is a first time borrower should borrow at say KBRR +6% and Mary who has borrowed 5 times but defaulted on at least one of the loans should borrow at say KBRR +8%. The different margins reflect the credit risk for the perceived class of credit rating that each borrower represents and can easily be inputted into a credit scoring model. In theory, the KBRR should reflect, amongst others, the operating, funding, capital and market risk costs. In practice however, not all banks have the same costs in all the named parameters and it is therefore difficult to avoid loading other costs into the lending margin above which banks price their loans.

Banks are like any other enterprise that uses shareholder’s capital to generate profit. They also have every right to set their own pricing for their products and can differentiate and thereby reduce the pricing of loans for individuals if they want. It just needs one brave bank to do that. Just like an insurance customer sees a lowered premium year on year as a “no claims bonus”, the retail mass market customer John, who borrows regularly and repays faithfully, should desire for his cost of borrowing to come down. John is not interested in his bank’s Base Rate versus KBRR. That’s just lipstick on a pig.

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Twitter: @carolmusyoka

Hail to the Hustler

Tony (not his real name) picked me up from Strathmore Business School last Friday, for my airport transfer to JKIA. Standing at about 5’5’’ with not more than 60 kgs under his belt, it would be difficult to pick him out in a crowd. Traffic was sluggish that afternoon as we snaked a carbon monoxide filled path down Mombasa road and a conversation naturally filled the void between driver and passenger. “I’m looking for a good driver, do you know any?” Tony asked, piquing my curiosity. I had noticed by this time, that he was not quite the ordinary cab driver. “Why?” I responded with a question of my own. “I’m having great difficulty with these young guys I have, they don’t respect my cars and drive like thugs even when they have a client on board.” I smiled to myself; Tony was referring to the “young guys” as if he were sixty years old. Turns out that Tony has 3 saloon taxis and one van and employed drivers for each vehicle. He is a Strathmore University graduate in hospitality and management. “So how did you end up doing this business then?” I probed. “Actually this was a business plan from a project in second year, and I just put it into play,” he responded. Now I was really curious and what followed was a fascinating conversation that completely restored my faith in the millennial generation.

“But how did you get the capital to start the business? How old are you? Where do you get the cars from?” my questions followed in AK47 staccato gunfire mode with no rationale to the order of questioning. “I’m 22 years old……” I cut him off before he went further, ‘What?!” Tony chuckled mutedly at my disconcertion. “My mother died when I was young, and I was brought up by my older brother. I got a scholarship to Strathmore University but I was always keen to do the “hustle”, so I started designing posters and brochures when I was in school to make extra money as my brother couldn’t finance all my needs.” Ahead of us, a car swerved dangerously into our path and I bit back an expletive at the interruption as Tony deftly maneuvered out of harms way. He continued without missing a beat. He taught himself design programs online and when he had made enough savings, went ahead to purchase an online airline ticketing system for about $500 so that he could offer air-ticketing services to his clients. He linked up with an accredited travel agency that would provide him with the legitimate back end system that would allow tickets to be issued and payments made to the airline. “I signed up for an airline booking course that lasted for about a month, so that I could learn how to work the system.”

Within no time, Tony had a regular list of clients within and outside of the university that gave him business. But he noticed that most of his clients would ask him for airport transfers and he would link them up with the cab drivers around Madaraka who he trusted. He then realized that he could provide horizontal integration for his air ticketing business by providing the airport transfers himself and therefore decided to buy his first taxi based on the business plan he had done in second year. He bought the van when his clients started requiring short-term tours around Kenya. He learnt very quickly that it was cheaper to order second hand cars online and pay using the Japanese agents’ offices in Nairobi. It saves him at least Kshs 200,000 per car. “So have you approached the Youth Fund so that you can expand your business?” I asked. Tony snorted in derision, the first time I saw any sign of disillusionment since we first started conversing. “Those guys are not serious, they want to give me Kshs 50,000 and then say I must be in a group. Group? What’s that? Fifty K , what’s that?” I had heard about the difficulties of getting loans from the Uwezo (Youth) Fund, but had no idea just how unfriendly the loan terms were to enterprising youth that already had existing businesses that needed that critical capital to push them to their optimal tipping point for growth. Tony is a self-proclaimed “hustler”. He has employed three people and has the potential to employ more if his business grows.

He is young, educated and extremely tenacious. Having lost one of his vehicles last year in the Westgate siege building collapse, he was extremely despondent when the insurance company refused to pay saying that it was an act of terrorism for which his comprehensive cover did not provide protection. “But, I was alive, and that was important. I walked out of Westgate alive and saw people die around me. How can I let the loss of a car kill me? That’s what I had to tell myself in order to push on.” But the insurance company eventually reimbursed him when a key competitor placed a full-page ad welcoming claims from clients who had lost property in the siege. Shrugging his shoulders, Tony was quite circumspect, “Competition is good, my insurance paid because of the competition’s advertisement. Can you believe it?”

As today’s CORD rally takes place, attempting to push Kenyans against a virtual wall of political brinkmanship, millenials like Tony continue to forge ahead, pushing their noses to the ground and working hard. Tony has taken hard business knocks, but pulls himself up with pride of place and a refreshing “hustler” mentality. If one in ten Kenyan youth had his attitude, sheer grit and determination to succeed despite of all the nonsensical political sabre rattling that terrorizes our collective Kenyan mettle daily, we will deliver what the Eurobond investors see in us: a service driven, non-resource based economy that manages to separate the political flavor of the day from the engine that drives it: Kenya’s entrepreneurs. Hail to the Hustlers!

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Twitter: @carolmusyoka

Eurobond – A Journey of Kenyan discovery

The self-centered woman knelt in the confessional. “Bless me, Father, for I have sinned.”
“What is it, child?”
“Father, I have committed the sin of vanity. Twice a day I gaze at myself in the mirror and tell myself that I am the most beautiful woman who ever walked the face of the earth.”
The priest turned, took a good look at the woman and said, “My dear, I have good news. That isn’t a sin – it’s only a mistake.”

Kenyans are extremely vain. We bash each other in political rallies and on social media platforms strumming up the guitar strings of tribal hatred. We dismiss our verbal intellectual engagements with each other with such summary barbs as “your name says it all”. We yell. We scream. We thump our chests with the fighting spirit of our tribal kinsmen. We mope about in our houses at the thought that our country is going back to the brink of chaos. We are extremely vain. Vain at the thought that we have come to the end-of-our-world-as-we-know-it, once again, at the behest of politicians on both sides of the divide and their pathetic, puerile war mongering. Our vanity stems from the thought that the self-centred, round-the-clock guarded, filthy-stinking-rich political elite will drive us over a bloody cliff.

Well, the investors in Kenya’s debut Eurobond just gave us a reality check. They just told us: “Well that’s a mistake, it’s never going to happen and here is $8.8 billion proof that we’re putting our money where our mouth is!” What in heaven’s name is going on with international investors? Have they gone mad? Did they not read the 139-page Republic of Kenya Eurobond Prospectus? A prospectus for any publicly traded debt or equity issue must clearly articulate the risks faced by the issuing entity. The Eurobond prospectus takes a no-holds-barred approach and tells investors what we Kenyans already know. We are two cents short of a third world basket case with identified risks such as a significant unrecorded economy, unreliability of our statistical information, corruption and money laundering, untested legal reforms that can adversely effect the Kenyan economy, internal security issues, political instability from the ICC, shilling depreciation risk….you get my drift (and if you don’t, grab yourself a copy of the prospectus).

A seasoned Kenyan banker will tell you that nothing gives an international lender more sleepless nights than what is called cross border risk, that is, that the government of a foreign currency borrower will put in place restrictive policies on the convertability of local currency to foreign currency or the transferability of that foreign currency to a jurisdiction outside the home country. (In case of any doubt, ask the Zimbabweans). Sure, of course you will say that this is Government of Kenya borrowing themselves and they will always ensure that the foreign currency is available to repay the debts. However as a net generator of local currency, the Government has to purchase that foreign currency in the open market. If it can’t then the risk of government debt default becomes clear and present as happened in Russia in 1998, Argentina in 2001 and Greece in 2012. There’s not enough space to write what happened in each of those cases but the upshot is the same: those governments simply ran out of money to pay their international debt obligations.

The impact on such default is immediate in the international markets with regards to the country’s credit rating. The Fitch rating (where Fitch are one of those chaps who put a ton of data into a computer that generates a risk rating algorithm whose outcome is bible truth to investors) for Kenyan sovereign international debt is B+. The Kenyan rating is higher than that of Greece at plain B and Argentina at CC. Which explains why it was imperative that the Anglo Leasing payments be made as non-payment of a Kenyan sovereign payment obligation would definitely drive the credit rating, which in turn drives the pricing and placement of the debt in the international market. But why would the international investors want to buy Kenyan paper on the day after one of the most vicious attacks on Kenyan citizens made headline news globally? Why would they want to buy Kenyan paper when there are several other emerging market economies with higher credit ratings and therefore less perceived credit default risk? Because these savvy investors have seen it all. From wars in the Middle East to sluggish economies in the west. From octogenarian dictators in teetering Zimbabwe to who-the-heck-is-in-charge of the profligate government of Greece. But as my favorite investment banker told me last week, it comes down to one thing: Kenya is one of the highest performing non-resource economies on the continent. We are not (yet) producing oil, gold, diamonds or copper but continue to grow at a 4% GDP rate and blaze the trail in telecoms and banking penetration. The investors see a steely resolve in the Kenyan economy, a resolve to continue at growing despite ICC tribulations. They see a necessary pressure valve called loud, unfettered political rhetoric combined with a vibrant national assembly both of which help to release pent up political frustrations rather than going the South Sudan way of the gun. The investors see an economy that has, since 1992, consistently had five-year knocks and positive rebounds in line with the multi-party electoral cycle. The investors see a well-educated populace that does not need to import talent for management of key economic sectors. The investors see a commitment to infrastructure roll out that continues to make Kenya the country of choice for establishing a regional presence. We don’t see it. All we see is noise, death, destruction and a bleak future. Well we’ve just witnessed $.8.8 billion reasons why perhaps it seems brighter from the outside. The Eurobond investors have told us what is we are too blind to see. Kenya rocks! Congratulations are due to Henry Rotich and his Treasury team for an excellent outcome.

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Twitter: @carolmusyoka

It’s never that serious

The CFO of a company asked his CEO, “What happens if we invest in developing our people and then they leave the company?”
The CEO answered, “What happens if we don’t, and they stay?”

I was recently asked to speak at a conference for women in leadership that was extremely well attended. The speakers (of both genders) at the conference were luminaries in their respective fields who brought incredible insights on work place challenges and best paths to navigate for a career woman. I would have loved to have an opportunity to attend such a conference when I was still in employment. I write this because there were a significant number of no-shows, women who had signed up and paid to attend but had “last minute” work related issues that prevented them from investing in themselves.

As a number of them were from one particularly large company, I asked a former employee of that company as to whether this was a corporate culture to sign up for training and then give it a miss. Her answer was as insightful as it was worrying. “The problem with women in senior positions is that they treat their jobs the way they treat their families: life cannot go on without their involvement in every aspect and the family/job will collapse in their absence.” Well, I stopped dead in my tracks. I had never thought about it from that perspective. I asked her to go on. “You see Carol, you will never find men missing out on training. They know that the training will personally help their professional growth and they vigorously take up company sponsored training to improve their skills which can be used at their next job. For men, it’s all about what’s in it for me.” Now, I write this with much trepidation. The last time I tried to opine about the problem that women put themselves squarely in, I was labeled a sell-out to the female gender. But cowards never die, so here goes: “It’s never that serious.”

What is never that serious, you ask? Your job; It’s never that serious! It can, and will, go on without you. A few months ago, I was training some senior executives of a multinational and this very issue came up: how indispensable are staff members. One fellow, who was getting quite agitated with the tangent that the discussion was taking, volunteered a recent experience. The previous week, a colleague had passed away on a Friday. The news was received with the usual shock and sorrow and the team began planning for how they could support the family. When they came to the office on Monday, the colleague’s desk had been cleared, much to their surprise. But that was not the only surprise in store as by 11 a.m. there was another gentleman sitting in their colleague’s seat…working! As the fellow regaled us with the story, expecting the requisite sympathetic clucks of the listening crowd, he was rather surprised by the lukewarm reaction. “Buddy,” one of the other senior executives began, “this is not our company and life has to go on. Did you expect the company to stop?” This was a peer-to-peer checking mechanism in play coming to the same conclusion: It’s never that serious!

Your ‘permanent and pensionable’ employment contract is in practicality a rolling thirty-day contract that starts on the beginning of the month and ends on the date you receive your salary. The contract is then rolled over for another thirty days ad infinitum. The contract ceases to exist at the point where you part ways with your employer, which is increasingly becoming less than the 30 plus years of the baby boomer generation. Within those thirty days, the company might decide to invest in you by sending you for a training program. Your company doesn’t do that as part of its Corporate Social Responsibility goals of educating members of society that lack access to quality education. It does that with the primary goal of adding value to a resource (you) with the aim of extracting a return on that investment sometime in the future via an appropriate application of those very skills that you have been trained in. But here is the secret: those skills you are being trained in can be applied in another organization.

Companies shrink and expand depending on their strategic intent, their life cycle in the industry or the outlook of future financial performance. Tucked within that shrinkage and expansion lie our jobs that are never indispensable contrary to many a self-important thought. We give our best performance –or so we think until we undertake the periodic performance review – at our jobs and are appropriately remunerated for it monthly. Our companies invest in training us to enable a better performance of our jobs that will invariably lead to a better performance on the company’s bottom line.

By training you, the company is pouring a little bit of fertilizer on the cabbage patch of your personal growth. Your colleagues who do not have the same opportunity will either have to self-finance the purchase of that knowledge or just make do without it. You have a distinct knowledge advantage over your colleagues when you are sent for training. That knowledge will not be required to be put in a package and passed on to your colleague at the annual staff Christmas party. It is yours to do with as you please, to apply in whatever future jobs you may hold, now and forever amen.

Missing out on a training opportunity is a crime to oneself. Missing out on a training opportunity because of not being able to tear oneself from the work desk is an even bigger crime. If no one else can do your job for the two or three days that you should be investing in yourself, you are either the best chimney sweeper south of the Equator or very poor at delegating to your subordinates. It’s never that serious.

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Twitter: @carolmusyoka

The evolution of a campus thug

On Monday, January 13th 2014, I took my young and still wet-behind-the-ears cousin to register as a student at the University of Nairobi’s main campus. I had been appointed by the clan to be the responsible family member since I was the most recent graduate of the veritable institution (where recent is a relative term). Having arrived from the lush Nanyuki plains the day before with a 20 kg wheeled suitcase, my cousin had no idea what was in store for her.

Early that morning, I drove as close as reasonably possible to the pedestrian gate opposite the Jewish synagogue and pointed, “Go past that gate, you should find the registration desks there.” She looked at me like I was out of my mind, “Aren’t you coming with me?” I gave her a baleful eye, “[insert ladylike expletive here ] NO WAY! You’re an adult now and this is not high school. No one is taken to university by their relatives.” Look, of course there are people who take their relatives to university on the first day. But it’s because THEY DON’T KNOW UNIVERSITY OF NAIROBI! My parents certainly didn’t take me to register as the bright eyed, bushy tailed fresher that I was. They knew. They had been victims of wanton riots many a time as my late father’s office was proximate to the university and he dodged a rock or two many times in his professional life. Anyway, back to Cousin. So I dropped her off and high tailed it out of there, with explicit instructions that she was to call me when done with registration so that we could go home and collect her suitcase and then bring it to her hostel. By this time, I was actually quite impressed with the progress that the university had made since the 18 years I had left. Cousin had been given a pack with information about where to register, which hostel she was in, which medical processes she should undertake and the process of getting a pre-paid meal card. Maybe you didn’t read what I said: She-had-a-pack-of-information! There was even information on how students were to go online in order to register for their hostels. What? In 1992 an indifferent registration clerk would point with their lips in that stretched ubiquitous Kenyan way as to where one needed to go to hassle for a room.
Needless to say, Cousin called me at 4 p.m. sounding totally exhausted. I picked her up from what was supposed to be her hostel. She was flushed, flustered and flabbergasted in that order. Having been tossed about like a grenade in an Irish pub the whole day, she had only partially completed her registration. She had schlepped across to the hostels to secure a room as a rumor swept the Great Court that rooms were running out despite the fact that some students had online confirmations of room allocations. Getting to the room in Hall 8, she came to discover that her room was secure. But there were neither beds nor beddings in the dust and grime filled room. She clambered into my car exhausted and could hardly speak.
“The registration process is horrible,” she sobbed, “everyone crowds around the table, pushing and fighting as people try to get attended to and no one wants to follow the queue.” I gave her an empathetic pat on the shoulder. “The watchman is the only one who seems to know where people should go. There are no signs to tell anyone where to go or what to do.” Hmmm, I thought. The more things change the more they stay the same. This sounded like my experience in 1992 when I first joined the university. To cut a long story short, Cousin had left her friends at the Great Court still struggling to register as two of them did not have a hostel. She didn’t know where they were going to sleep as they had come with their luggage and without their relatives. Two of her other friends went off with Nairobi relatives to spend the night. Following a disastrous first day, her registration process took the whole of Tuesday to complete, but the hostel still didn’t have beddings. She ended up getting a bed and mattress on Thursday, a good three days after she first went to register. The University of Nairobi essentially mistreated the new students as they have consistently done over the last twenty years. The students were treated with indignity, had to fend for themselves for the first three days and basically fight just to get recognized as the students in what used to be Kenya’s number one institution of higher learning. A majority of these students had never been to Nairobi before. They were cold, hungry and left to use their animal instincts to get registered.

Watching Cousin’s humiliating entry into the real world of public university, the penny finally dropped on why public university students riot. They have been socialized from the minute they enter the university to think and act like caged animals. From the indignity of shoving and jostling for attention at the registration desks to the missing beddings in the hostels, the university demonstrates that it’s a man-eat-man culture when you step into their not-so-hallowed grounds. A number of lecturers appear in class only if they are so inclined with no consistency check by the university authorities on the quality of education they are imparting. Books in the library are virtually non-existent. Security in the hostels is comedic as the rooms are regularly hired out by the janitors or students themselves to secretaries, clerks and criminal elements looking for proximity to the CBD. It’s a jungle in there and the powder keg that is the students’ psyche does not require much to ignite. It is pointless to keep blaming the students for their rioting tendencies for as long as their hosting institution inducts them like wild animals and does nothing overtly possible to maintain hygienic standards for their living conditions. After all, when in Rome, do as the Romans do.

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Twiiter @carolmusyoka

A good story to tell at the county

If you have had the good fortune to recently travel to the Rainbow Nation that South Africa is, you would be hard pressed to find any overt vestiges of the apartheid policy that reigned supreme 20 years ago. The first batch of “born frees” (citizens who were born post 1994 when Mandela became the first black president of an apartheid free country) voted for the first time this month in the general election, unburdened by the historical baggage of a politically and socially oppressive apartheid environment. They were voting based on black leaders who had been in power and driven the political economic and social agenda of their country throughout their lifetime. They had no immediate point of reference of life before black rule other than the rambling musings of their parents. The born frees have a self-driven economic lifestyle based on the elasticity of their wallets. But how much financial independence does the average black South African really have?

An opinion piece titled “The Illusion of Good Stories to Tell” by Prince Mashele, an author, in the May 18th 2014 edition of the South African Sunday Independent provides some illuminating insights. He traces the wealth of South Africa starting with the discovery of diamonds in 1867 and gold in 1886 and how the “Randlords” – white mine owners who organized themselves into a powerful cartel – constructed a social hierarchy that remains intact in mining today. Mashele writes that the Randlords decided that a white man would be at the top of the social hierarchy and that a black man must permanently supply cheap labor in the service of the white man. Subsequently, as the English and the Afrikaners did suffer their own internecine conflicts, they united in 1910 toalllow all whites to exploit black labor. The English largely owned the mines and the Afrikaners owned the large farms with economic benefit going primarily to the white people at the expense of cheap labor provided by the blacks. By excluding the blacks from access to good education, Mashele points out, the white men ensured perpetuity in the economic benefit arrangement. But Mashele then challenges the myth that “self rule” has brought prosperity to the blacks. “Since there are now a few BEE millionaires, who made money from minority stakes in white-owned companies, the ANC is misled to see “ a good story” that does not exist. The truth is that Cyril Ramaphosa’s rise to the millionaire’s paradise has done nothing to alter Cecil John Rhode’s logic – that in the mines, black men must work underground untrained and underpaid. It would indeed be hard to find evidence of the contribution of Ramaphosa’s new millionaire status to economic growth in South Africa…..The ANC’s illusion of history is also generated by the palpability of the black middle class, largely a post-1994 phenomenon. It is true that, in the main, members of the black middle class do not work for white men; they work for the state and its extensions. This is what makes black bureaucrats feel they are part of the good story to tell”. The truth story to tell, though, is that bureaucrats do not produce wealth. They, as Walter Rodney points out, “squander the wealth created by the peasants and workers by purchasing cars, whisky and perfume.”

I read and juxtaposed Mashele’s powerful opinion piece to the context of devolution in Kenya’s counties. County citizens are now “empowered” and “self governing” on theoretical constitutional paper. Devolution was marketed as the antithesis to the central government’s historical inefficiency at bringing development to all corners of our sun kissed country. However, a ruling elite has now been replicated 47 times into the devolved counties made up of Governors, their cabal of rent seeking MCA’s and the attendant tenderpreneur purveyors within the county supply chain. Institutionalized corruption over the last thirty years of Kenya’s independence has created an elite of extremely wealthy civil servants who pump their newfound wealth largely into real estate and construction (the story is anecdotally told that the Kenya Revenue Authority’s objective to map out all large rental units will never take off as their own staffers as well as colleagues within the government are the primary landlords in Nairobi).
County citizens wait with bated breath for the development that they were promised, for the big manufacturing companies and service industries that would come to provide employment to the hundreds of unemployed youth that roam the dusty, unpaved streets of upcountry towns. They wait for the tarmacked roads, for the piped water, the electrification of candle lit homes, for the route-to-market for their agricultural produce. After all, the governor is one of them, a son of the soil who knows where the shoe pinches most and how to ease the suffering. There will be county millionaires for sure. They will strut the streets in their genuine leather shoes and two cut single-breasted suits purchased at the air-conditioned Emirates Mall in Dubai. They will do nothing to create employment through value adding industries. How can they? Their offices consist of a briefcase and a wireless printer in the backseats of their cars. The bureaucrats in the red carpeted County Governor’s offices will amass wealth on the back of “taxing” the new found revenue collection from county citizens in the form of licences, cess, rates and fees.
A good story will be told. There will be some roads, health centres and cattle dips built. But at inflated costs that will create wealthy individuals and a relatively unaffected citizenry five years after casting a hopeful ballot. A whole new generation of Kenyans is being created to aspire to public office. That public servants are the face of Kenya’s wealth distribution and real economic benefits is the rapidly unraveling cultural narrative that the next generation of young Kenyans is being unconsciously fed. I hope that this culture will be reversed before it becomes deeply entrenched. But then again, hope is not a strategy.

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Twitter: @carolmusyoka

Dear Mr. Governor: Please Help Make My Dreams Valid?

alameda bogota

“I have a limited amount of money and I cannot spend that money to favor the 15% population that have a car. I have 1 million residents living on less that US$1 a day and I need to invest in water, sewage, health and education…..I have only three years as mayor to do it.” Enrique Peñalosa – Mayor of Bogota, Colombia 1998-2001

Colombia’s capital city Bogota has a population of just over 7 million, with more than half of the residents working in the informal sector. Prior to 1998, the public transport system was run by a closely-knit “mafia” of vehicle owners who ran a multi billion dollar industry. The individually owned public vehicles would race in the city streets, blocking buses behind them in the rush for passengers, drive on the sidewalks and kill pedestrians in their bid to get to their destinations faster and generally create a large number of accidents on a daily basis. When Enrique Peñalosa became the mayor of Bogota in 1998, he found a US$ 5 billion offer on the table from the Japanese International Cooperation Agency (JICA) to build seven elevated highways in Bogota to “ease” the traffic congestion that beset the city. He rejected it, choosing instead to focus on getting quality of life through a more efficient bus transit system. One of his key goals was to bring order to the chaos as the transport mafia had developed political power in their ability to bring the city to a standstill by going on strike. Assuming, quite rightly, that these owners would be the biggest stumbling block to his vision of a mass public transit system, he engaged them as critical stakeholders and made them shareholders in the new city owned “TransMilenio” bus service that traverses the entire city. The bus system was designed to enhance Peñalosa’s dual vision to bring order to the transport industry and make Bogota an economically democratic city where cars were relegated to the bottom of the pecking order of importance. He said, “Do we dare create a transport system giving priority to the needs of the poor? Or are we really trying to solve the traffic jams of the upper income people? That is really the true issue that exists.”

By this time, urban traffic was taking up 95% of the roads and was responsible for 60% of the air pollution in the city. To ensure success of the TransMilenio bus system, he restricted traffic during peak hours to reduce rush hour by 40% and increased the tax on petrol. Half of the revenues generated by the increase were invested in the TransMilenio bus system that serves hundreds of thousands of Bogota residents daily. The system provides two types of bus services: red buses can hold up to 160 passengers and service the periphery of the city, while the smaller green buses (which can hold up to 90 passengers) drive on surface streets within the city. The buses are equipped with satellite communication devices, which allow the transportation system to efficiently run to capacity. Because of the satellite communication empty buses do not run and produce unnecessary emissions.

Growing up, Peñalosa had been bothered about the distinct social and economic disparities in the capital city. There were no sidewalks for pedestrians to walk on and in the city cars would park on the few existing sidewalks relegating pedestrians to walking on the roads with all the attendant dangers that brought. As he felt very strongly that the public interest should always be put before private interest in order to enhance the quality of life, he embarked on a program to reduce road space and enhance the quality of life for city residents.

“We had to build a city not for businesses or automobiles, but for children and thus for people. Instead of building highways, we restricted car use. … We invested in high-quality sidewalks, pedestrian streets, parks, bicycle paths, libraries; we got rid of thousands of cluttering commercial signs and planted trees. … All our everyday efforts have one objective: Happiness.” Business owners in the city were deeply resentful of Peñalosa’s strategies, as, in their view, reducing access to cars was bad for business. He quips with a smile, “We built symbols of respect, equality and human dignity, not just sidewalks and bike paths. Motor vehicles on sidewalks were a symbol of inequality — people with cars taking over public space.” In Peñalosa’s view building walkways was important as it not only protected cyclists, but it became a symbol that a citizen on a US$30 bicycle was just as important as one on a US$30,000 motor vehicle.

This, in his view, was critical in establishing a democratic semblance to the city of Bogota. One of the consequences of Peñalosa’s egalitarian strategy was a dramatic 70% fall in the city’s notorious crime rate. He believes that perception played a key role in this since the creation of social organization in the city led the residents to believe that the city government was honest, efficient and dedicated to improving their quality of life. As a result the system gained legitimacy in the eyes of the residents and they became more law abiding, denounced lawbreakers publicly and viewed the city government as now having the moral authority to be strict on law enforcement.

Bogota in 1998 is the city of Nairobi in 2014. Maddening traffic, runaway crime, demeaning slum areas, complete and utter disregard for law enforcement by many and a minority car-driving elite that is far removed from the excruciating expense of living in a city for the moneyed. I wish my governor would Google this award winning Peñalosa guy instead of focusing on his torn socks and contributing to harambees in Nyanza province. I was serenaded with fanciful visions of Lee Kwan Yu and the Singapore dream slightly over 12 months ago. Today I still live in the same polluted, congested and crime-ridden Nairobi. Governor: please ask Lupita how you can help make my dreams valid?

County Taxpayers Need To Get Real

This week, I had purposed to unpack the NSSF Act 2013. Then my favorite tax guru sent me some information on the same to help me break it down. I got a headache by the time I got to the calculations and collapsed into a veritably confused heap. I tossed that idea out of the window immediately. So I switched to my current favorite subject: “devil-ution ”. On 4th August 2010, Kenyans voted 66.9% in favor of the new constitution that created a devolved system of government. We did this. It wasn’t shoved down our throats by the existing government nor was it a roadside declaration by the then President. We exercised our democratic rights to do this to ourselves. What we failed to pay attention to was that it was going to require a lot of money. The naysayers at the time told us as much. But we ignored them. The devil is always in the detail, and the devil-ution chicken has come home to roost.

Now county citizens are up in arms at the new taxation measures that county governments are undertaking in order to finance their operations. The sad and hopeless fact is that the primary revenue source for any government is taxation. Many people do not seem to realize this. Perhaps a history of taxation is relevant here. The website e-file.com has a rich history of taxation and reveals that the earliest known tax was implemented in Mesopotamia over 4500 years ago, where people paid taxes throughout the year in the form of livestock, which was the preferred currency at the time.
There were also very many unusual taxes incurred by ancient governments with the aim of raising revenue.

For instance during the 1st century AD, Roman emperor Vaspasian placed a tax on urine. Buyers of the urine paid the tax. The urine from public urinals was sold as an essential ingredient for several chemical processes e.g. it was used in tanning and also by launderers as a source of ammonia to clean and whiten woolen togas etc. Therefore, those who obtained valuable urine from collectors were charged a tax. Centuries later, King Henry I allowed knights to opt out of their duties fight in wars by paying a tax called “scutage”. At first the tax was not high, but then King John came to power and raised it to a rate of 300%. Some claim that the excessive tax rate was one of the things that contributed to the creation of the Magna Carta, which limited the king’s power. In 1660, England placed a tax on fireplaces. The tax led to people covering their fireplaces with bricks to conceal them and avoid paying the tax. It was repealed in 1689.
In 1696, England implemented a window tax, taxing houses based on the number of windows they had. That led to many houses having very few windows in order to avoid paying the tax. Eventually this became a health problem and ultimately led to the tax’s repeal in 1851. In the 1700’s, England placed a tax on bricks. Builders soon realized that they could use bigger bricks (and thus fewer bricks) to pay less tax. Soon after, the government caught on and placed a larger tax on bigger bricks. Brick taxes were finally repealed in 1850.
There are numerous other examples of strange taxes that were created around the world, but the important outcome of these taxes were the avoidance mechanisms that citizens would put in place to mitigate the expense. What county citizens need to shift focus to is how their valuable tax shillings are spent. We can’t avoid the taxes as certainly as we can’t avoid death. But we can and should hold our tax collectors to account for how they spend our money. Installing clean toilets, running water, security and lights in the fresh produce markets would be a good place to start. You can’t be taxed and yet expect to roll over and play dead if you cannot see where your tax shillings are being spent. You should then spend your limited energy on street protests not against the tax (as that will most certainly fall on very deaf, cash starved and battle hardened ears) but on the appropriate use of that money. The conversation then changes to one of accountability from the county government and acceptance of the decision you made on August 4th 2010.

It will be disingenuous of us to expect functioning health facilities, roads, garbage collection and other services provided by the county governments if we are not willing to pay for them. That it will take a tax on our chickens is another story, but if that is the most likely wider source for bringing us into the taxation bracket then so be it. We need to remember that county governments are not businesses that can opt to manufacture goods or provide mobile telephony in order to generate the revenue that will help develop the county. We seriously need to stop lambasting the county governments at every turn when they are trying to keep afloat. What we need to do is hold them to account and keep that pressure up relentlessly: you want to tax my chicken? Then help me find a good market for it. You want to tax my lorry delivering produce to a market? Then provide a good parking and secure facilities to offload and store my goods efficiently. You want to tax my boda-boda? Then maintain the roads on which I operate to reduce the cost of servicing my machine and provide a dedicated and secure parking zone where I can operate from. Change the conversation; rise up in protest about the use of the funds and not the source of the funds. We will then start to see less devil-ution rhetoric and more “let’s kick these ****** out of office and get people who can deliver what we pay for” conversations.

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Twitter: @carolmusyoka

Common Currency in East Africa a dream

Site meeting in Kampala in the morning, lunch in Nairobi and sundowner drinks in Dar es Salaam caps a busy East African day at work. That is the synopsis of a television advert currently on Kenyan television stations promoting the use of a helicopter service that can get you hopping around the region easily. Businesses are taking the East African Community opportunities very seriously. But the East African governments want us to take this to a whole new level by introducing a common currency in the next ten years. Let me begin by saying, I am not an economist by any stretch of the imagination. Neither am I a soothsayer nor wizard for that matter. I only ask the following questions as a concerned East African citizen that can ill afford to take a helicopter ride around the 5 capitals of the community.

Our governments will have us believe that a common currency is an imperative outcome of the push to creating regional economic and (God help us) political integration that will help us citizens achieve our wildest success at the altar of capitalism and free market economics. The common currency – let’s call it the East African Shilling (EASh) for now- will reduce the cost of business as it will eliminate trade barriers in the form of currency exchange losses incurred by cross border transactions within the region. The common currency will ease the burden of travelling across borders, as we will not have to go to our favorite forex bureaus and seek the elusive Kenyan, Tanzanian or Ugandan Shillings or Rwandese or Burundian Francs. The EASh will further stimulate the movement of capital, goods and people and enable price transparency, as there will be one unified unit of measure for goods. That’s the official story and they’re sticking to it. What we are not being told is why not? Why haven’t other regions come up with a single currency?

A single currency has to be issued and monitored by a regional central bank. That regional central bank will be charged with setting the monetary policy, issuing bank notes, setting interest rates and keeping inflation low. Monetary policy is the process by which the central bank controls the supply of money often using interest rates to promote economic growth and stability. For instance, if there is widespread unemployment, the central bank can drop interest rates, (and in Kenya for example, reduce the Cash Reserve Ratio which banks are supposed to maintain at the CBK) with a view to encouraging banks to lend to the private sector. More loans to businesses means more working capital which increases production and creates a need for more employees. More loans to individuals means more money to burn buying goods, which means retail outlets increase business, employ more people…..you’re catching the drift by now. The only problem is that this leads to an economic boom, which in turn leads to inflation as goods become more expensive due to higher demand than supply. Higher inflation leads to an economic bust, a recession is sure to follow with its attendant job cuts and market depression and the whole cycle starts again of trying to jump start the economy.

So the question here is, will our East African Central Bank be able to manage the monetary policy for 5 economies that have varied rates of economic growth and varied sources that generate gross domestic product? I hazard a guess that all the EAC economies are net importers and therefore constantly suffer from current account deficits. These deficits can only be reduced if we export more, meaning we have to produce more in country. If one, or two or three of us increase our domestic consumption of things imported, we immediately begin to put a strain on our EASh as we drive demand for limited foreign currency to purchase the imports. The other two countries that are living within their means begin to see their currency devaluing with no immediate short-term option to increase value through increased exports. The East African Central Bank (which by this time is scrambling about trying to buy dollars to maintain an IMF driven floor limit of 3 months’ import cover) will raise interest rates to tame the inflationary spending of the one, two or three rogue spenders while hurting the other two countries who were minding their own business living within their means. As a result, businesses in these two innocent countries start to suffer as higher interest rates means lower access to credit which means lower production, lower employment…..you catch my drift by now.

One country sneezes and the rest of us will catch the plague. That’s what a unified currency does. There is no way of knowing whether Tanzania’s fiscal policy of raising domestic taxes will be successful to enable it to meet its expenditure budget. If it is unable to raise enough domestic taxes it will have to borrow from financial markets by issuing treasury (or God help us Eurobonds) or bills. If Kenya, Tanzania and Uganda for example are consistently unable to balance their budgets and have to seek external borrowing, there will consistently be pressure on the EASh as the three governments have to find the foreign currency to make the borrowing repayments. And may God help the unsuspecting East African citizens who haven’t been exposed to the Kenyan government’s attempts at funding a wickedly expensive devolved government and the vapid attempts to raise funds through weakly drafted taxation and social security laws. A weak EASh can only strengthen on the back of increased domestic production of goods and services as well as extreme fiscal discipline on the part of not one, not two, not three, not four but FIVE countries.

But as I said, I am no economist. I am but a simple citizen of an East African Community member whose government has promised her nirvana when she enters the haloed grounds of a common monetary union. I’d better get my flu shots updated and get a face mask prepared for the massive cold I am going to suffer when I start to share wallets with my four neighboring countries.

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Twitter: @carolmusyoka

The Law of Unintended Consequences

The law of unintended consequences, often cited but rarely defined, is that actions of people always have effects that are unanticipated or unintended. A good example is found in businesses that have undergone a period of rapid expansion with the resultant increase in revenues followed by a plateau or decline in sales due to unforeseen circumstances such as the entry of a competitor. A typical knee jerk reaction for many businesses is to cut costs, with labor being the softest target. A series of retrenchments within businesses leads to lowering of staff morale and the unintended consequence is that good staff then start to leave as they are uncertain of the organization’s future. As good staff start to leave, management provides incentives such as higher pay to retain talent and the vicious cycle of increased costs begins to play out again.

But that example is rather obvious, though oft repeated by organizations. A less apparent illustration of unintended consequences occurred in a year ago, on 4th December 2012 at the most unlikely of places – the King Edward VII hospital in London where the Duchess of Cambridge had been admitted with severe morning sickness in the early stages of her pregnancy. Two Australian DJ’s from 2Day FM in Sydney, Mel Greig and Michael Christian, called the hospital purporting to be Prince Charles and Queen Elizabeth inquiring about the Duchess’ health.

Jacintha Saldhana , the nurse who received the 5:30 a.m. call as the hospital’s switchboard operator was not on duty, mistakenly believed the DJs to be genuine and put the call through to another nurse who went ahead to give personal details of the Duchess’s condition to the pranksters. 3 days later, Jacintha – a mother of two teenage children- was found dead in the hospital’s nursing quarters in an apparent suicide. The pre-meditated prank had allegedly been cleared with 2Day FM’s lawyers before airing. While the intended consequences had been to entertain and titillate the station’s listeners, the unintended consequences resulted in the suicide of one of the prank’s victims. Following the tragic outcome, a media backlash ensued both in the United Kingdom and in Australia resulting in threats and actual boycotts of business by advertisers on the radio station. This is ideally where this tragic story should come to an end. But it doesn’t.

Following the suicide debacle, Christian moved to work at another radio station owned by the same parent company Southern Cross Media, this time in the city of Melbourne. In June 2013, six months after the tragedy, he was named the “top jock” by his employer in an internal competition to find the “best in the land”. According to his employer’s website, it was a reward for his role in the company’s community of seasoned and emerging talent.

“From the start I felt like I had something to prove to myself,” Christian said. “That regardless of all that’s happened in the past few months I’m still at the top of my game. So it felt good to see my name at the top of the final leader-board.”
The Independent newspaper in the UK reported that Stephen Conroy, Australian communications minister, criticized the award. He said: “There was some very serious consequences of what was a prank and to be seen to be rewarding people so soon after such an event, I think is just in bad taste.”
So you would think that it couldn’t get worse than this from a public relations perspective, right? Wrong! Southern Cross Media is clearly not a learning organization and this was apparent later in the year when the Chairman of the company made a less than appropriate statement regarding the suicide debacle. At the annual shareholders meeting in October 2013, the Chairman Max Moore-Wilton was answering a shareholder’s question as to whether there was a cultural problem within the organization following the UK incident and two others incidents also involving other DJs who promoted outrageous commentaries live on air. The chairman’s response was “In each particular case we thoroughly investigated them and it comes generally within the context of some of these incidents where a whole series of events come together and in the immortal words of somebody who I forget, S-H-I-T happens.”
I guess it helped that he spelt out the words rather than said the actual profanity in the interest of minding his language. The unapologetic chairman was quite obviously pilloried in the media thereafter, especially since he claimed that the use of such language was “common every day parlance” in Australia. “If you don’t like it, or the media don’t like it, well that’s fine,” was his response to the Australian Associated Press.
As stated at the beginning of this piece, the law of unintended consequences is that actions of people always have effects that are unanticipated or unintended. In the case of an Australian media company, what started off as a prank call that was approved by the legal team ended up with a series of public relations gaffes that put the company under the harsh media glare in both Australia and the UK. The company was also put under investigation by the communications regulator in Australia on whether the radio station had breached its broadcasting licence immediately after the suicide tragedy. The regulator’s preliminary findings, which Southern Media has appealed, were that indeed there was a breach of the law. The award of “Top Jock” to one of the DJs demonstrated that the company was quite happy to let bygones be bygones despite the public backlash that the DJ’s activity had generated. The chairman of the company was also put on the spotlight by shareholders and revealed, in very flowery response, the casual view with which he (and/or the company) took some very serious events. The unintended consequences of two Australian DJs were to tragically impact an Indian nurse in London and an Australian company all the way to the top of its corporate food chain.

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Twitter: @carolmusyoka

The Dangers of Group Think

The CEO leaned back in his chair and crossed his legs. The meeting was going supremely well. The board of directors had been convinced to acquire a smaller company in a neighboring country that provided the same kind of services as his company. It would enable his company to penetrate the neighboring market much easier by providing access to an existing distributor and client base. The CEO smiled to himself. He had anticipated that it would be difficult to convince the directors who had shown a historical aversion to cross border acquisitions so he had quietly engaged the three usual vocal directors before the meeting and got their buy-in in advance. “Alright then,” the chairlady concluded, “shall we pass a resolution for the CEO to conclude negotiations with Technoco?” Around the room, most of the directors were nodding their heads, eager to bring the meeting to an end as it was late in the afternoon and traffic was already thickening outside. Mary, one of the newer directors on the board, was however fidgeting in her seat and frowning. She had previously worked in that neighbouring country before moving back to Kenya and knew the difficulties faced by Kenyan companies that had tried to penetrate that market. She was also aware of the neighboring government’s policies on labor laws, which created a difficult operating environment. She wanted to speak out about her experience and knowledge, but the mood in the room was buoyant and optimistic about the acquisition with at least three of the directors being quite vociferous in their support of the transaction. The chairlady, who was usually quite intuitive, immediately noticed Mary’s discomfort. “Mary, you look like you have something to say.”

Mary looked around the room, feeling quite uncomfortable with several pairs of eyes staring at her, some of which looked remarkably impatient. “Actually Madame Chair, “ Mary ventured, “I honestly don’t think this is such a good idea. My experience in that neighboring country tells me to exercise some level of caution before making an investment of this magnitude.” The CEO muttered something under his breath, which Mary guessed was less than polite. He leaned forward in his chair, putting his elbows on the table. Mary had come to recognize that move. It meant that he was going to explain something very difficult to someone very ignorant. She braced herself for the condescending explanation that was sure to follow. Around her, the other directors were nodding vigorously at every sentence the CEO said. After all, he had driven the company to 1000% growth in Kenya over the last five years through the careful and systematic execution of the company’s strategic plan. Every new initiative that the board had approved for execution had been successful and the directors were starting to believe that they were not only onto a good thing here, but that their CEO was a visionary who could do no wrong. Mary knew that this board suffered from the dangerous affliction of group think, a phenomenon that often occurs when the desire for group consensus overrides people’s common sense desire to present alternatives, critique a position or express an unpopular opinion. Typically the desire for group cohesion effectively drives out good decision-making and problem solving.

She was at a psychological crossroad. She could either buck the trend and carry on with her point until someone finally listened or she could keep quiet and go with the flow, thereby avoiding a long and windy discussion that would most likely end up with the CEO winning anyway. She looked at the chairlady for guidance, hoping to see a small sign that would encourage her to carry on with her alternative view.

The chairlady stared at her blankly in a deliberate attempt to remain neutral. Mary looked around the room and found a subtle shift in attitudes towards her. There was almost a sense of you-versus-us and an understated urgency to bring the matter to a quick conclusion. “Fine, Madame Chair, I’m sure the transaction will make sense to the company’s overall objectives and we should go ahead and do it,” she caved in.

The concept of group think works well for boards and management teams that believe in consensus building and cohesion, But it is a fatal flaw for an organization that is making critical decisions that need to be analyzed through a comprehensive and rigorous decision making lens. Consensus should be built once all the pros and cons of a decision have been extensively discussed. It is prudent to always appoint a team member to play the role of devil’s advocate for no other reason than to poke holes at any decision being made and essentially make a case for why that decision will fail. The end result of intervention by the devil’s advocate is that a comprehensive review is undertaken of the topic at hand and in some cases an outside expert can also be brought to provide an independent view from that of the project sponsor. The review should end up with clear mitigating steps for implementation in case of the project’s failure. Only then should consensus be built on how the project should be executed and what exit plan should be put in place if the project runs into difficulty.

Two years later, Mary sat at an emergency board meeting that had been called to discuss the Technoco acquisition. Workers had gone on strike and the government of that country supported the workers union obtuse requests. If the company caved in to the demands, costs would escalate and the company would collapse as they would not be able to raise prices in tandem with the rising costs. She looked around the room as directors animatedly discussed the situation, interrogating the CEO as to why he had allowed this situation to arise. No one remembered her quiet, attempted intervention of two years before. She would remind them of her previous advice and, going forward, assert herself regardless of the popular opinion.

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Twitter: @carolmusyoka

Gravy Train Runs The Danger Of Shuddering To A Halt

A few years ago some scientists decided to do an experiment. Inside a cage, they hung a banana on a string, placed a set of stairs under it and placed five monkeys inside. One of the monkeys started to climb the stairs toward the banana. As soon as it touched the stairs the experimenters sprayed all the other monkeys with cold water. When another monkey made an attempt to get the banana they again sprayed the other monkeys with cold water. Consequently, the monkeys prevented any of their group from going after the banana.
The scientists took one of the original monkeys out of the cage and introduced a new one who, upon spotting the banana, went after it. To its surprise all of the other monkeys attacked it. After another attempt and attack the new monkey learned that if it tried to climb the stairs and get the banana it would be assaulted and so it stopped going after the banana. Next the experimenters removed another of the original five monkeys and replaced it with another new one. The second new monkey went to the stairs and predictably it was attacked. The first new monkey took part in this punishment with enthusiasm! Every time the newest monkey took to the stairs it was attacked by the other monkeys. Most of the monkeys that were beating it had no idea why they were not permitted to climb the stairs or why they were participating in the beating of the newest monkey. After all the original monkeys were replaced none of the remaining monkeys had ever been sprayed with cold water. Nevertheless, no monkey ever approached the stairs to try for the banana. Why not? Because as far as they knew: “That’s the way it’s always been done around here.”
Some might remember the slew of ridiculous, sycophantic advertisements that were placed by state corporations and agencies in April and May this year congratulating the newly elected president and deputy president of the Republic of Kenya. Quite frankly speaking, I highly doubt that the targets of those pledges of loyalty cut out the adverts and filed them for posterity in a blue folder next to their bedside lamp. The prime beneficiary of those pathetic attempts at maintaining relevance in a changing administration were the newspaper advertising departments that quite likely surpassed their budgets for those two months. Enough said. I thought that we would not likely see misuse of funds for relevance advertising until the next general elections. I was wrong. On Wednesday, October 16, 2013 the Kenya Industrial Estates Ltd (KIE) placed a full-page advertisement in the Daily Nation that left more questions than answers as to what message was being communicated. First off, let’s take a roll call. How many under the age of 40 have ever heard of KIE? That’s right, I didn’t think it would be more than twenty of you. But our extremely hardworking Parliamentary Investment Committee, who require a packed agenda in order to maintain a busy calendar (and not to collect sitting allowances) trawled through the government parastatal roster and dug KIE out of a fox hole in order to question management’s performance.
Whatever the PIC’s findings were, it warranted a full-page advertisement of a response to what the media published about said findings. Chinua Achebe, in his epic chronicle Things Fall Apart quoted an Ibo proverb: “A toad does not jump in the daylight for nothing.” Shortly before this advertisement was placed, the media had reported widely about the recommendations of the Task Force on Parastatal Reform that was appointed by the President in August 2013 with a six week mandate to, amongst other terms of reference, review the draft policy on state and county corporations, review the inventory of state corporations and classify them by function and scope of operation in terms of regional coverage as well as consider and recommend general institutional arrangement for all state corporations.
The terms of reference in their entirety must have sent a shiver down the spine of most parastatals, especially those that have operated below the radar for the last 20 years and have typically been used to reward cronyism, exert ministerial fiefdoms and perpetuate parochial tribal and political interests. Suddenly the parastatal reform process would shed light on the existential rationale of moribund, money guzzling, non-revenue generating institutions. The gravy train runs the danger of shuddering to an unimaginable halt. Which is why, perhaps, the role of the PIC becomes quite critical at unearthing the hidden items in the fox holes every now and then, and shaking off years of dust and grime to determine what’s hiding under there.
The opening story in this column is actually called “monkey see, monkey do.” The congratulatory messages sent to the President and Deputy President earlier this year were a classic example of the way things are done around here. Access to State House is deemed- quite bizarrely- to be via print media. What the KIE advert has done is to likely begin a trend of existential rationale amongst parastatals fearing “annihilation” if the recommendations of the task force are implemented. The role of KIE is to finance micro, small and medium enterprises in Kenya, a very noble role which is also replicated by the Women’s Fund, Youth Fund, Uwezo Fund. To its credit though, the KIE does differentiate itself in that it provides serviced workspaces through construction of industrial estates in fast growing business centres. Perhaps I am not in the target market of this veritable institution and I therefore have limited access to its sphere of influence. I would however recommend to all such parastatals to spend their advertising revenue on letting Kenyans know how and where to access their services rather than spending money on messages that are aimed at being plastered as wallpaper on the offices of the powers-that-be. We all recognize that once that report is presented to the President it will become survival of the fittest. Good luck to all of you!
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Twitter: @carolmusyoka

The Eastern Colonialists

“When the missionaries came to Africa they had the Bible and we had the land. They said, ‘Let us pray.’ We closed our eyes. When we opened them we had the Bible and they had the land.” Bishop Desmond Tutu

Last week, I had the pleasure of listening to Daniel Silke, a leading South African futurist talking about global trends in the next 40 years. I arrived at my own worrying conclusion by the end of the talk: the African future is trending towards a second wave of colonization. Our colonial masters will not be pale faced, bible wielding strangers riding on an iron snake. They will be of oriental extraction and will have been welcomed by us natives with wide open and loving arms, drunk with romantic illusions of mutually beneficial interactions.

Let me share some of the facts that Silke illustrated to set the context first. From not a single kilometer of highway in 1988, China now has a world-class network of 41,000 kilometres, second only to the United States. The equivalent of Britain’s current electricity output is being added to the capacity of China’s grid every two years. China today exports more in a single day than it exported in the whole of 1978. China’s middle class is expected to be a little of 1.4 billion by the year 2035, which is about 22 years away. The infrastructure driven growth economy in China has led to China consuming 53.2% of total global cement consumption, as well as 47.7% and 46.9% of global iron ore and coal consumption respectively.

But as the infrastructure continues to be built and factories continue to churn out cheap, mass-produced goods, the growing middle class will become a burgeoning consumer class that will need to eat, sleep and be clothed. There is no shortage of housing in China as the infamous “ghost cities” have shown. Tons of cement have been poured into holes in the ground dug out of previously uninhabitable spaces to produce brand new cities, some of which – like Tianducheng – have replicated Paris complete with a replica of the Eiffel Tower and the Champs Elysees. Tianducheng, which is supposed to be a luxury real estate development housing 10,000 people is located in Hangzhou and remains largely uninhabited to date. The Australian journalist Adrian Brown visited one of the biggest ghost cities Ordos, and wrote this in a blog:

“Arriving in the city, I am struck by the similarity with North Korea’s capital, Pyongyang. Wide, empty boulevards. Grandiose architecture with confused themes. And an eerie shortage of people. At times you have to pinch yourself and say, “Yes, it’s real.”

Brown reports that vast new cities of apartments and shops are being built across China at a rate of ten a year, but they remain almost completely uninhabited ghost towns.

It’s all part of the government’s efforts to keep the economy booming. 64 million apartments are said to be empty across the country. But the Chinese government will probably argue that with current birth rates of about 2054 babies an hour (compare that to 450 babies born per hour in the US) the cities will get filled – eventually.

But what should cause Africa to worry? The growing Chinese middle class and newly born population have no housing problem in the short term but will definitely need to be fed. China currently consumes 37.2% of the total world’s eggs, 15.6% of the world’s chickens and 9.6% of cattle – for now. What will their consumption be in the next 20 years? The fact is that a significant number of the world’s population will be living in cities in the next 20 years. The next frontier of war will not be ideology (capitalism vs communism) or religion (fundamentalist Islam vs the rest of the world) but a fight for scarce resources such as water and arable land for food production. Africa is not far behind in that urbanization trend. By 2015 it is expected that 500 million Africans will live in urban centres and by 2025, 45% of Africans will live be urbanized. Africa’s towns will grow and demand for urban space will mean that adjacent traditional food basket areas will be converted into housing as we are already seeing in Kiambu and Thika here in Kenya. 50 million hectares of arable land in Africa – which is twice the size of the United Kingdom land mass – has been acquired in Africa for external food production by a number of countries including China, Qatar, Libya and Kuwait. China has only 9% of the world’s arable land feeding 22% of the world’s population. China also has only 6% of the world’s water resources at a time when projections show that by 2025, 36 countries and 1.4 billion people will face freshwater scarcity.

What is the point of throwing out all these seemingly irrelevant numbers? We natives are getting so excited about discovering coal, oil and natural gas, so much that we are foam at the mouth at the thought of what money we can make along the mineral extraction chain. But that’s the problem with us natives, we get distracted by our infatuation with our turn to eat, and may future generations be damned if we eat them out of existence.

Our worry as Africans should not be the obvious minerals that we stare in the face. It should be what we have of in plenty, but fail to recognize as the true ultimate prize: land and water. The Turkana aquifer discovery that reportedly holds 250 billion cubic meters of water or 70 years supply at current consumption rates received muted press attention a few months ago is but one of many pots of gold at the end of the Chinese rainbow. They will come and take our land and our water and give us roads and bridges in exchange while we close our eyes in supplications of gratitude. But who can eat or drink a road? A newly colonized native like me I guess.

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Twitter: @carolmusyoka

Why Can’t We Plug The Leaks That Allow Money To Filter Out?

A journalist friend of mine recently drew my attention to presentations made at a conference hosted by the Financial Transparency Coalition held last week in Dar-es-Salaam, Tanzania. Mr. Zitto Kabwe, a member of parliament in Tanzania’s parliament and the chairman of the Parliamentary Public Accounts Committee, made a key presentation highlighting the role of parliaments in curbing illicit money transfers. His presentation, as any good presentation is meant to do, initially started with startling numbers that would capture one’s attention. Quoting an African Development Bank report, between 1980 and 2009 African economies lost between $597 billion and $1.4 trillion in resource transfers out of the continent. He proceeded to highlight that $597 billion left Africa illicitly in the form of bribes, kickbacks, theft, tax evasion and avoidance while only $80 billion flowed into Africa in the form of foreign direct investment and aid.

The thrust of Mr. Kabwe’s presentation was that multinationals are creating value in Africa but extracting that value through nefarious schemes such as transfer pricing and use of tax havens, particularly Mauritius, to move profits out of the source countries. Mr. Kabwe also draws attention to the fact that of the top 10 taxpayers in Tanzania, 7 use tax havens, begging the question: what then could be the problem if they are still making it to the top 10 list of tax payers? He also cited in his presentation that the three largest mobile companies are all listed in tax havens and names Airtel as being registered in the tax haven of Holland (I wasn’t aware Holland was a tax haven), Tigo registered in the tax haven of Luxembourg and leaves a question mark next to the name of Vodacom, perhaps suggesting he couldn’t find where this multinational was incorporated.

It would have been great if the honorable MP had taken time to note that it is the parent companies that are registered overseas and that the local companies, which are subsidiaries, are very likely to be locally incorporated which is why they are paying taxes locally to the point where they feature as top tax payers. But that is not the point of today’s piece. One cannot sensationalize the fact that multinationals are coming into your African country, making money, using all manner of tax avoidance schemes to get money out of the country and then state in the same breath that African countries have sent out billions in the form of kickbacks, bribes and theft from government coffers.

Multinational companies are organizations that have shareholders who have invested their capital with a view to getting a maximum return therefrom. They are not charitable organizations that are looking to give away money to whoever crosses their path. They are responsible institutions that are keen to employ locals, improve the lives of the communities and (hopefully) preserve the environments in which they operate. Knowing full well that a lot of government funds find their way into very deep unofficial pockets rather than used in the development of infrastructure, health and education as they are supposed be, it is not in any company’s interest to throw money over an unaccountable cliff. Especially where that money will simply be invested in personal assets of government officials in the very jurisdictions that these companies are registered anyway. Come to think of it, perhaps these multinational culprits are doing our African economies a favor by taking the money to other jurisdictions that will use the funds to improve the lot of their citizens by providing good infrastructure, health and education. At least someone gets to benefit, right?

Mr. Kabwe’s sense of drama doesn’t end with the numbers. His presentation makes a tongue in cheek allegation that even the government of Tanzania is guilty of tax avoidance and cites a Tanzanian government owned company “Tangold” as having been registered in the tax haven of Mauritius in 2006. I did a quick google search of Tangold and only came up with a high quality pastry company in Australia with that name. I did a further google search of Tanzanian gold mining companies and came up with a whole list of companies, none of which claimed to have any ties to the government of Tanzania. This company, which the government registered in Mauritius, is so below the radar that even the internet can’t find it. I did come away with the knowledge that curious allegations of sinister public and private sector motives are not only aggressively done by Kenyan MPs. They have soul brothers across the border.

Look, as long as our African governments continue to be massively inefficient in their management of public expenditure and increasingly corrupt in the use of tax payer revenue, well meaning companies will continue to find all manner of legal accounting loopholes to avoid financing personal accounts of corrupt officials. Our African members of parliament and people representatives are better suited to asking themselves what in heaven’s name is wrong with our governments. Why can’t we plug the leaks that allow money to filter out of our economies into personal overseas accounts? Or is our collective native Negro DNA utterly and completely incapable of resisting the urge to dip our fingers into the cookie jar? Perhaps anthropologists will find the solution to this quandary as it certainly has beaten everyone else. In Kenya, we dare not even say that it has become institutionalized over the years since independence if the less than 3-year-old judiciary shenanigans are anything to go by. This thing called corruption is characterized as a genome in our biological make up. We can’t get rid of it any easier than we can bleach our skins white. I say let the money stay offshore, at least we know $597 billion of it is put to some good use.

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Twitter: @carolmusyoka

Switching Bank Accounts Made Easier

“If bankers can count, how come they have eight windows and only two tellers?” Anonymous

The Independent Commission on Banking was established in the United Kingdom in June 2010 following the global financial crisis of 2007. Its mandate was to consider structural and non-structural reforms to the UK banking sector to promote financial stability and competition. The Commission, chaired by Sir John Vickers, produced a series of recommendations in September 2011, which recommendations have formed the basis of some legislation introduced by the government thereafter.

One of the key recommendations was aimed at improving the competitive landscape of British banking by making it easier for customers to switch banks. The Commission found that people only changed banks on average once every 26 years. What makes it difficult for you to move your current account facilities at your current banking provider? You probably have on average about five standing orders or direct debits on your account paying school fees installments, car loans, rent, life insurance policies, DSTV subscriptions, your phone bill and many other regular payments in the daily grind of life. The very idea of filling out forms to move all these payments to another banking provider is mind numbing at best and positively horrifying at worst. The nightmare that the forms will not be acted upon on time, payments missed, Credit Reference Bureau notified and all the nasty correspondence that will follow essentially keeps many of us “trapped” by our current banking providers.

Back in the UK, Sir John Vicker’s commission realized that by making switching bank accounts easier, the competitive landscape of banks would change as banks would have to improve their customer service due to the ease of customer attrition. Essentially bank accounts would have the same kind of portability that the mobile phone industry enjoys in number portability. According to an August 2013 online BBC article titled “Bank account switching service to launch in September,” only about 2 million people or 2.5% of the UK’s total banked switched accounts. The UK banking sector is controlled by four banks, which in total have 75% of all current accounts. Lloyds Banking group has a 28% market share, followed by Barclays at 14%, Royal Bank of Scotland at 13% and HSBC at 12%.

The UK government is keen to see a greater diversity in the concentration of current accounts but apparently has not publicly indicated what targets it has set. The BBC article seems to suggest that the government is keen to see people move away from the big banks and into smaller financial institutions to stimulate the competitive landscape.

The switching system is relatively simple according to the BBC article. Account holders contact their new bank who will do all of the switching for them. A website simplerworld.co.uk allows account holders to select a new provider from a list of banks that are participating in the switching system. The new provider arranges for all direct debits and standing orders to be redirected to the new account. Salary payments from employers will also be redirected. The “Switch in a Week” guarantee was launched on September 16th 2013.

Two banks are already offering incentives to new account holders to switch. First Direct offers £125 (Kshs 17,500) to new joiners while Halifax offers £100 (Kshs 14000).

It is noteworthy that First Direct is offering a financial incentive to joiners when it has consistently topped the list of best banks for customer service in the UK. According to a Daily Telegraph article dated 21st August 2013, the consumer website Moneysavingexpert.com asked 8,000 people to help rank banks’ customer service. First Direct scored 93% of respondents scored First Direct’s customer service as “great” while all the big four banks described above rated below 50% on the “great” score. Pundits are in a ‘wait and see’ mode as to whether current account holders will make mass movements to other providers based on the one week switching guarantee.

Over on this side of the pond, our industry would similarly only move to a switching mechanism were it enforced or required by Central Bank and definitely not of their own volition. The fact is that we all initially choose a provider based on some emotional or practical reason to begin with. Either our employer banked there and it was faster to get our salary payment at the end of the month or the bank’s sales and marketing pitch played to our emotions when we were looking for a place to open an account. Or the plain and simple truth: the bank we have our account in is the one that gave us an unsecured loan, overdraft or mortgage and we are joint at the hip till (our) death do we part. Whatever the reason, the vast majority of us are trapped. It is simply too much of an effort to move and our ratings are probably close to the UK numbers of one move per 26 years!

Our numbers are also remarkably similar to the UK in terms of market share. According to the Central Bank of Kenya 2012 Annual Banking Supervision Report, there were a total of 15.8 million banking accounts in Kenya. Four banks held 74% of these accounts namely Equity Bank with 7 million, Co-Operative Bank with 2.3 million, KCB with 1.2 million and Barclays with 1.1 million.

It is therefore interesting that deposit accounts are concentrated with four banks in a market that has 43 banks. Especially noteworthy is that the shift in market share has only occurred in the last ten years. The question to ponder though is whether a switching rule would be a game changer to the Kenyan banking industry’s market share dynamics. Customers themselves and their levels of satisfaction in the chosen high concentration banks can only answer this question. Sadly, we do not have independent, credible and published customer satisfaction data that would reveal this critical information. The Central Bank of Kenya will hopefully take such a crucial initiative some time this century.

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Twitter: @carolmusyoka

Customers Hire Your Product to do a job

Customers hire your product to do a job. That is the summary of an excellent Harvard Business Review article titled Marketing Malpractice by Clayton Christensen, Scott Cook and Taddy Hall. The article turns usual marketing and product innovation assumptions on their head by asking why after 30,000 new consumer products hit store shelves each year, 90% of them fail. Manufacturers and service providers go to great expense to undertake customer research on tastes, preferences and trends and yet they still don’t get it right if the product failure rates are anything to go by. The fact is that most customers purchase a product or service to get a job done, which job might not be that apparent in some instances to the creators of the product. Take this example that the writers found: a fast food restaurant wanted to improve milk shake sales. A researcher watched customers buying shakes, noting that rushed customers purchased 40% of the milkshakes early in the morning and carried them out to their cars. Interviews revealed that most customers bought shakes to do a similar job: to make their morning commute more interesting, stave off hunger pangs until lunchtime and give them something that they could consume cleanly with one hand as they were driving. Understanding this job inspired several product improvement ideas. One such idea was moving the milk shake dispensing machine to the front of the counter and sell customers a prepaid swipe card so that they could dispense the milkshakes themselves and avoid the slow drive through lane.

Thus, by observing and interviewing people as they are using products, you can identify the jobs they want to get done. Procter and Gamble, the manufacturers of globally recognized brands such as Ariel, Gillette, Oral B and Vicks have internalized customer observation as a key driver for product development. P&G executives are actively required to visit supermarkets and homes whenever they travel in order to observe customer preferences and utilization of domestic products at their point of use. It is only by actively being in the consumer’s world can the company continue to drive innovation and a close connection to understanding what job their products are hired to do.

Another great example of consumer observation inspired innovation was the founder of Sony, Akio Morita. Morita was known for not believing in consumer research and asserted that Sony shouldn’t ask people what they want because they don’t know what they want – quite similar to Apple’s Steve Jobs ethos. Having observed what people were trying to get done in their lives, he then tried to see whether Sony’s electronics miniaturization technology could help them do these things better, easier and cheaper. Thus instead of trying to augment the traditional tape player into one with more features or a cheaper version, Sony developed the portable tape player, the Walkman, to allow people to carry and listen to their music everywhere they went. The Walkman was designed and launched as a fashionable device because Morita predicated the rise of a “headphone culture.” Said Morita at the February 1979 launch: “This is the product that will satisfy those young people who want to listen to music all day. They’ll take it everywhere with them, and they won’t care about record functions. If we put a playback-only headphone stereo like this on the market, it’ll be a hit.”

Closer home, the augmentation of the Mpesa product with Mshwari serves as a classic example of a product that customers hire to get a job done. When Safaricom launched the Mpesa money transfer service it had multiple purposes. Firstly to enable movement of money across the country at a far lower cost with greater convenience than the existing money transfer services at the time. However as the product continued to gain rapid acceptance, it became apparent that subscribers were not only using the service for moving money across, but were also using it as a repository of funds. And, get this, they were happy for those funds to sit idle in their mpesa accounts without generating any return in the form of interest. Which would then typically generate an internal corporate question: what are our customers hiring our mpesa product to do? Transfer money or keep money in a 24-hour access, cheap and extremely safe environment?

That mpesa had morphed into a “bank” of sorts was quite likely an unintended consequence of a product that was created to serve a completely different purpose. Thus partnering with a bank to create the banking service that subscribers were seeking was a natural progression that quite obviously arose after observing consumer behavior. Having said that, the mshwari loan product that was initially marketed as a way to help the small scale entrepreneur to borrow for business growth has found greater use from the mobile phone subscriber who needs a short term loan to sort an emergency requiring small amounts of cash that they currently do not have in their physical wallets. Hence the product advertising that pushed mshwari as an entrepreneur’s answer to sources of debt may need to be enhanced as the product serves more than that purpose. As the HBR Marketing Malpractice article states, a good purpose brand can be sustained by linking your product to the job it serves through advertising. The writers assert that savvy ads can even help consumers identify needs that they were not consciously aware of before. The example given is that of Unilver’s Asian operations which designed a microwavable soup tailored to the job of helping office workers to boost their energy and productivity in the late afternoon. Called Soupy Snax, the product generated mediocre results. However when Unilever renamed it Soupy Snax – 4:00 and created ads showing lethargic workers perking up after using the product, ad viewers remarked, “That’s what happens to me at 4:00!” Soupy Snax sales apparently soared thereafter.

Observe your customers as they use your products rather than assuming your product serves their needs. You might be surprised at the results.

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Twitter @carolmusyoka

Leadership Lessons from the JKIA Fire

A little bird was flying south for the winter. It was so cold that the bird froze and fell to the ground in a large field. While it was lying there, a cow came by and dropped some dung on it. As the frozen bird lay there in the pile of cow dung, it began to realize how warm it was. The dung was actually thawing him out! He lay there all warm and happy, and soon began to sing for joy. A passing cat heard the bird singing and came to investigate. Following the sound, the cat discovered the bird under the pile of cow dung, and promptly dug him out. Then he ate him! Management Lessons: 1) Not everyone who drops dung on you is your enemy. 2) Not everyone who gets you out of dung is your friend. 3) And when you’re in deep dung, keep your mouth shut!

The Jubilee coalition government has had a fair amount of management tests thrown at it over the last four months of its young administration. There have been tests in labor relations generated by strikes and potential strikes from teachers and government medical staff. There have been tests in disaster preparedness and business continuity plans in the Jomo Kenyatta International Airport (JKIA) fire last week. There have been tests in remuneration packages and benefits thrown in by members of parliament and governors. There have been tests in resource mobilization with the extensive debate over the VAT bill and what falls within the ambit of increased cost of living versus critical revenue generation for a government heaving under the burden of a horrendous recurrent expenditure budget. This has definitely been a classic case study of management 101 at its very best.

Of course we are all watching and waiting to see what the results of these tests will be. We are vested parties and interested stakeholders as the Jubilee coalition is managing the business of Kenya, of which we are all shareholders. Whatever decisions they make will definitely impact some or all shareholders positively or negatively. However what is interesting to observe from shareholders (read Kenyans on social media) was the reaction to the President’s visit to the scene of the fire early Wednesday morning. There were two extreme views on this action with one side waxing lyrical about the folly of such a visit as it would only interfere with the recovery operations and the other side saying that it was necessary to show support to the recovery teams. I read one post on Facebook which captured my sentiments completely: “Poor Uhuru, damned if he does and damned if he doesn’t.”

Folks, Uhuru is the CEO of Business Kenya. As any other CEO would do, he turned up at the scene of a massive disaster that would have ramifications on several aspects of the economy. As we are a month into one of the largest tourism attractions – the wildebeest migration – the airport is the focal point for the arrival and departure of a critical resource of foreign currency in this country: tourists. The airport is also the primary focal point for a second critical foreign exchange earner which is horticulture. Tons of flowers and vegetables which had to be shipped out could not move as airport operations ground to a halt. As flowers and vegetables are time sensitive, the whole value chain also ground to a halt as harvesting at the flower and vegetable farms has had to be reduced and in some instances terminated to prevent spoilage of produce as it awaits shipment at the cargo terminal. As one of three key regional hubs in Africa (Addis and Johannesburg being the other two) intra-African travel for traders and businessmen was unceremoniously brought to a standstill putting thousands if not millions of dollars at risk beyond the borders of just Kenya as they could not travel to or from their destinations which required transit through Kenya.

The President’s visit to the scene of a national and regional disaster is what any shareholder would expect their CEO to do. A CEO is supposed to take charge, get completely immersed in the details of the disaster and lead from the front in finding ways in which the business must continue. His presence gives assurance to customers (in this case passengers and exporters of all extractions) that the business is taking the disaster extremely seriously and it is receiving attention from the highest office. That his cabinet secretaries for transport and interior followed in quick succession with active participation in the business continuity process demonstrated the seniority levels being accorded to getting the disaster contained.

This was not a public relations exercise that social media analysts were inferring was in the making. This was management at work. That is how businesses are run. Dung drops, nay, rains from a hellish event and management are supposed to clean it up. In this case, coordinating the dung clean up will take a herculean effort of both people and ego management as well as rising above the very typical finger pointing that is going to result once the smoldering fires have subsided. It is because of this very likely scenario of internal bickering that a CEO has to stamp his authority and establish a presence that demands expeditious solutions rather than it-wasn’t-me-it-was-you time wasting discussions.

The government through @interiorKE, the Kenya Airports Authority through @kenyaairports and Kenya Airways through @kenyaairways have done an excellent job on Twitter in keeping the public informed of what’s going on in restoring normal services through the vital travel artery that is JKIA. Fact is they are all in deep dung. However, it’s our turn to keep our mouths shut and let them work!

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Twitter: @carolmusyoka

Family Loan Pools

A student comes back to the dorm and finds his roommate near tears. “What’s the matter pal?” he asked.
His roommate says, “I wrote home for my parents to send money so that I could buy a laptop.”
“So I guess they said no?” the student asked.
“No, they sent me the laptop,” the roommate moaned.

A friend recently drew my attention to an interesting article posted online on Reuters last week titled “A loan pool to help clients help family float school bills”. The article, authored by Jennifer Hoyt Cummings reports about a growing trend where families pool funds together which funds are used to loan money to family members going to university. Cummings writes that under a loan pool, a family sets up a trust and bequests an initial sum into it. They then establish rules for how family members qualify for the loans, how long they have to pay them back and what happens if they default.
The family appoints one or more trustees who review the applications to determine who should get the loan. Later in life, those who benefited from the loan pool can contribute. The context under which this article was drawn to my attention was via the question: Can this work in Kenya?
To begin with, we have a well-entrenched culture of coming together to assist family and friends with hospital bills, higher education fees and funeral expenses. It is not entirely alien to us to often get together in the form of savings and credit co-operatives (SACCOS) within our respective professional fields to pool funds and lend to ourselves when in need. It is also fairly common to group together as friends and/or family and form chamas (on the smaller informal scale) or investment companies (on the more formal scale) to pool funds to invest in property as well as public or private equities. So concepts of coming together for financial purposes are pretty much part of the Kenyan DNA.
But whether we undertake these tasks with reasonable success is where the rubber meets the road. Over the last 3 years I have had occasion to work with several investment groups and chamas that are looking to venture out of the analysis paralysis morass that permeates a large number of them. Quite often I have found that a number of these groups for lack of innovation, energy or sheer determination have failed to make any investments despite years of contribution. More often than not, a number of them default to lending to each other at a premium rate, but lower than the commercial banking rate so that the contributed funds do not remain idle. Very few succeed with this strategy as there is always the presumption by some borrowers that “these are my friends, I can delay repayments….or I can simply default and there’s not much they can do.” Quite a number of the chamas that I have met who adopt this strategy rarely succeed or remain united. The question I always pose is: Are you an investment group or a SACCO? If you are the former, you came together to pool funds and invest in diversified sectors of the economy to generate a return from capital appreciation as well as income resulting from that capital which is deployed. If you are the latter, then you came together to lend, pray that your money is repaid, and continue that mode of prayer for the rest of the chama’s shaky existence.
With that in mind, setting up a loan pool amongst family members would be extremely beneficial on two counts. Firstly, it can be an excellent way to stop salivating for a parent to die and distribute their estate to their children. A parent would liquidate his assets during his lifetime, set up a trust and specifically legislate that the beneficiaries would be family members who apply for the funds to further their education. Trustees could be family members and trusted friends or advisers who have been given clear parameters for loan qualifications. The obvious reward is that the person setting up the trust would know that his funds will not be squandered on the “good life” and will be used (if well managed) for future generations of his or her bloodline. Secondly, family members could initially pool a certain amount of initial funds. Any child needing financial assistance for higher education would apply formally, making a good case for why they should receive the loan and committing to concluding their college degree. This commitment would now be not only to their parents, but also to the wider family network bringing greater responsibility to bear on the loan applicant. Loan repayment can be set to be undertaken either by the applicant’s parents or by the applicant themselves upon completion of their education.
The benefits are obvious: generations of children get educated which is one of the greatest gifts we can give. The dangers are equally obvious: if the system is abused through deliberate loan defaults, the wider family unit can unravel and a bitter family feud ensues. Absolutely critical for success is a clear charter or trust deed that spells out the purpose for which the funds are being set aside, namely: “family member ONLY college education” as well as the parameters for loan qualifications, including: “degree or diploma from a Commission for Higher Education recognized institution ONLY”. Strong deterrents against defaults not occasioned by force majeure (such as job loss or illness) should be put in place to ensure that family members do not take the facility for granted. Consequences for loan default would need to be painful and rely on social peer pressure. Cummings’ article suggests a very simple solution in one particular family’s pool. The trustee would send a quarterly update to all family members detailing the status of the loans. The shame factor would ensure compliance to the loan terms. So yes, I do believe the concept of loan pools would quite easily be adopted in Kenya.
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Twitter: @carolmusyoka

Diary of a Governor

Phew! It has been three months since I was sworn in as President, sorry, Governor of my county. To say that it has been a walk in the park would be to tell an outright lie. It has been hell. Hell on earth. I have looked the devil in the eye more times than I care to remember in the last 90 days and he often makes me ask myself why the heck I chose to run for this office. Oh, I remember. It’s because I am the President, sorry, Governor of MY county. The problem is that there are too many buffoons out there who are seized of matters that should not be of their concern regarding MY office. In fact, writing this diary is very cathartic and it helps me to say what I really would like to say to everyone but I am constrained from doing as it may be career limiting. These are my top five irritants so far:

1. It’s Evolution not Devolution!
The new constitution envisages that power will now emanate from the bowels of this beautiful country and not from the wolfish, self-centered, self-absorbed, horrendously bureaucratic central government. A new system of county governments is required to evolve with immediate effect. The dictionary defines to evolve as: “To develop gradually, from a simple to a more complex form.” Yes, this is my role, to gradually develop MY government from a simple paper pusher to a more complex, well-defined centre of power that drives the entire economic engine of MY County. (I’m getting giddy with excitement as I write this, let me pause and take a sip of something strong.) Maybe I should rename the County Headquarters as “Evolution Centre”. Hmmm, that has a nice ring to it.
2. It’s the wrapping not trappings!
Look. I am the President, sorry, Governor of my county. I don’t know what all the brouhaha is about regarding my request to fly the flag on my car or to have a diplomatic passport or to have a Governor’s mansion. The media and all those civil society meddlers say that I am getting carried away with the trappings of power. Puh-leeze! Since when did you see a gift that was not wrapped? I am a gift to the people of this county, as I will apply my God given intellect to improving their welfare! A four wheel drive car, a mansion to entertain potential investors and other VIPs, a diplomatic passport to visit all ends of this earth and a flag to signify the importance of the person overlapping traffic and parking wherever I want is simply the wrapping around the magnificent gift of the Governor. Ala!
3. I can fidget with my budget!
I went to school, so I can read. And I have read Section 174 of the constitution which clearly states that amongst the objects of the devolution of government are subsection (g) to ensure equitable sharing of national and local resources throughout Kenya. How better can I ensure that our share of the national cake is shared equitably than through my county budget? If I want to set an entertainment budget of Kshs 53 million, I can! After all, it will be shared with the local hotels, bars and entertainment spots thus ensuring that the employees of those institutions continue to get gainful employment from my patronage of their services. Allocating millions to the acquisition of cars for county executives will ensure that the local petrol station owners and local tyre dealers will see greater sales which add to the bottom line, and continue employing local people who will essentially be getting a share of the county resources. Right? If the media that keeps complaining can’t see that then they need to get stronger eyeglasses or move to my county and open petrol stations. As for the meddling Controller of Budget, she needs to understand the Constitution’s S. 174 (d) which clearly states that one of the objects of devolution is to recognize the right of communities to manage their own affairs. I am perfectly capable of managing my own affairs without someone breathing down my neck.

4. Hire or face the fire
Seriously, these Transitional Authority chaps have got to be kidding me. How in heaven’s name am I supposed to “absorb” employees of the central government who will lose their jobs when functions are devolved to the counties? I am not a sponge! I owe so many favors to so many people who worked on and financed my campaign that I need to find jobs for their innumerable relatives. My county offices need accountants, clerks, secretaries, administrators etcetera etcetera and I already know who is going to get what. The last thing I need is to be told that my wage bill is to high to sustain so cuts are needed on my entertainment or fuel allowance. I need to get these people in quickly to the offices so that I can tell those Transitional Authority chaps, with as straight a face as I can muster, that sorry: my house is full.
5. Kusema na Ku-tender
I have only 4 years and 9 months to get cracking on this job. I’ve managed to keep my senator happy with the promise of a few tenders to supply office stationery for his wife’s business. If I keep him happy, then he will keep fighting for a bigger say in the affairs of county budgetary allocations. The bigger the county allocation we get, the more room there is for purchasing goods and services. Then I will really be kingpin around these sides as businessmen trip over themselves to become key suppliers, which is why I need a large mansion and entertainment budget to entertain these “investors”. Actually come to think of it, building a mansion has quite a number of tenders associated with it, right? Which is what my campaign promise was all about, “Kusema na Ku-tender, sorry, Kutenda!

[email protected]
Twitter: @carolmusyoka

Culture Trumps strategy

“Culture eats strategy for breakfast.” Those wise words ring very true for many organizations today and were quoted by the famous management thought leader Peter Drucker. Across industries you have many organizations that do manufacture exactly the same products or sell exactly the same services. The key difference between the industry leaders and the laggards is usually one: organizational culture. Most cultural aspects and differentiators are tangible and can be gleaned from signs and symbols such as how people dress, use of first names when addressing seniors or whether there are separate facilities for seniors and juniors such as bathrooms, cafeterias and parking. Whatever the case, if an organizational culture does not reflect the foundations of strong values which rest on the core of a strong purpose, then even the sexiest corporate strategy will fail to launch on the basis of incongruence. The management tries to pull in one strategic direction but fails to recognize that the organizational culture does not allow it to pull itself out of the morass that keeps it stuck in the quagmire of reality. A 2011 study titled “Why Culture is Key” by a leading consulting company Booz and Company concluded, “Culture matters, enormously. Studies have shown again and again that there may be no more critical source of business success or failure than a company’s culture – it trumps strategy and leadership. That isn’t to say strategy doesn’t matter, but rather that the particular strategy a company employs will succeed only if it is supported by the appropriate cultural attributes.”

Herewith are a few examples of (very typical) organizational culture.

Exhibit One: “Are you lonely? Don’t like working on your own? Hate making decisions? Then call a meeting. You can see people, draw flowcharts, feel important and impress your colleagues……all on company time! Meetings: the practical alternative to work. “ While I saw this on a poster that was making fun of an office meeting culture, it rings especially true in many organizations where people have meetings for the sake of meeting. It eats up valuable work time, expends useless energy where one is not required to be at the meeting and often times leaves meeting attendees feeling frustrated and angry where discussions centre around the same thing over and over again with no tangible conclusions. But the motive behind calling a meeting can often be an excuse to wield power: the power to summon, to dominate and to control a “subject’s” time. I recently met a group of executives one of whom gave the horrific example of a meeting called by her boss. The boss, who was in a glass enclosed office, decided to dial into the meeting via Skype as he was too busy to leave his desk which was 10 meters away from the conference room where the meeting was taking place. The effect was immediate: meeting attendees felt demeaned that their time was clearly not as important as that of their boss and were outraged that the company’s value of respect for others was being violated by a senior executive. Meetings are a necessary management tool to deliver organizational goals but the danger that they can derail employees away from the quite obvious goal of getting things done should never be forgotten.

Exhibit Two: “That’s the way things are done around here.” You’ve probably heard someone in the organization, yourself included, say this when asked why a certain process or policy exists in the company. You are just too lazy to find out why it exists and how it may be a stumbling block for the development of a better product or faster service delivery. A good example of the dinosaur approach was experienced by Stephen Elop, who took over as CEO of Nokia – the mobile company giant in decline- in September 2010. One of Elop’s challenges was to change old habits among employees. In a talk to employees, he asked a question that many were probably too afraid to answer truthfully give how Nokia was struggling to combat new entrants Apple and android powered phones into mobile telephony. When Elop asked how many people amongst the employees used an iPhone or Android device, a few hands went up. Elop’s response was, “That upsets me, not because some of you are using iPhones, but because only a small number of people are using iPhones. I’d rather people have the intellectual curiousity to understand what we are up against.” In other words what Elop found was a very inward looking culture existing at Nokia, one born of hubris that the company would always be successful and didn’t need to worry about other players hitting them from left field. Which is exactly what happened. The danger of this culture is that an industry leader such as Nokia can quickly turn into an industry laggard that starts to adopt copycat tactics rather than innovation to stay afloat.

Exhibit Three: “Rules are for dummies and subordinates, in that order.” Charles Revson , the founder of the Revlon beauty products empire, was a typical highhanded boss. He worried that employees were not coming to work on time, although he himself rarely appeared in the office before 12 noon. One day he walked into the new Revlon headquarters and asked the receptionist for the sign in sheet, which absolutely every employee had to sign upon entry. The receptionist who was new responded, “I’m sorry sir you can’t do that.” Charles said, “Yes I can.” The receptionist replied, “I’m sorry you can’t. I have strict instructions that no one is to remove the list, you will have to put it back.” They went back and forth, with the receptionist remaining firm but polite. Finally Charles said, “Do you know who I am?” to which the reply was, “No sir I don’t.” “Well when you pick up your final paycheck this afternoon, tell ‘em to tell ya.” Well, that story sums up that culture quite well: Do as I say and not as I do. Capisce?

[email protected]
Twitter: @carolmusyoka

Joint Venture for Kimaiyo and Mutunga

Dear Inspector General Kimaiyo and Chief Justice Mutunga:

This is an open business proposal to both of you from an infrequent user of your services. The reason for my infrequence is that I try, at all times, to be a law abiding citizen failure to which I would have to be a guest of the state in the swanky accommodation that your offices provide. You see, I was once a guest at the impeccably furnished, luxurious and well appointed jail cells of Makadara law courts and the unforgettable experience led me to believe that collaboration between the two of you would lead to consistent revenue generation, significant profit and streamlined cash flows without getting law abiding citizens such as myself partaking of your accommodation.

I had committed what, in my view, was a minor traffic infraction. As I have written here before, way before you were appointed to your good offices, the traffic offence occurred at the Jomo Kenyatta International Airport parking when an overzealous traffic officer accused me of obstruction as I had parked a vehicle not in between the two lines that marked the parking, rather on top of one line meaning that it occupied the space of two vehicles thereby causing an “obstruction’. The offence was committed at night, with no lights in the parking lot that enabled me to see the parking lines of the only available parking slot at that busy hour. Woe betide the driver of a vehicle who does not keep a look out for faint parking markers on the tarmac of the JKIA parking lots as the hawk eyed traffic policemen who have infrared night vision goggles sewn into their corneas will remind them of their misdemeanors. I paid a cash bail of Kshs 5,000 which was in a variety of notes and coins following a very harried and impromptu harambee by the mortified occupants of the offending motor vehicle that I was driving. The money was carefully wrapped in a yellowing page torn off an old note pad and bound together with a rubber band at some little office in the upper levels of the arrivals terminal.

When I eventually attended my court case (Republic vs. Carol Musyoka sometime in 2006 in case you decide to look for the file at Makadara Law Courts) I pleaded guilty to the offence through gritted teeth, as advised by legal counsel in order for the ignominious experience to come to a rapid conclusion. But it didn’t end there. I had to be thrown into the luxurious presidential suite at the Makadara cells while my spouse began the harrowing task of executing a speedy release which meant “facilitating” the court clerk to release the file, going upstairs to the cashier and “facilitating” the payment of the fine – the amount of Kshs 5,000 that was exactly the same as the cash bail– and then he had to wait to be refunded my cash bail. The cash bail was given to him in, you guessed it, the wrapped up, rubber band bound yellowing page bundle that had been deposited at JKIA. Thereafter I checked out of my very crowded mixed gender suite quite reluctantly, two hours after I had pleaded guilty through gritted teeth, into the warm sunshine and clean air of the Makadara suburb.

With that background in mind, herewith is the business proposal. Revenue: Convert all traffic cash bails into instant fines. That’s really not rocket science; it’s a matter of semantics seeing as the amounts are exactly the same. It moves from being revenue of the Judiciary (traffic fine) to revenue of the police force (cash bail converted into fine). And before the Judiciary gives the sob story that all traffic fines collections have to be remitted to the state, this would be a good time to say that the annual police budget from the government can take these funds into account and the budget be reduced to the extent of the anticipated collections for each financial year. Now to the profits I hinted at. The number of traffic offences at the law courts take up valuable court time that could be better applied towards listening to more substantive legal cases. Listening to more cases means faster dispensation of justice. Faster dispensation of justice means more people will go to court to seek justice in civil cases leading to higher court fees and wider legal jurisprudence in civil matters….you catch my drift. The profit extends to the mwananchi too. Here’s why. Assuming that I was paid the exact amount that a Kenyan member of parliament (who remains the best benchmark for the hardest working laborer in Kenya) is paid which is Kshs 532,000 a month, my daily labour rate would be Kshs 26,600 assuming 20 working days a month. This translates into Kshs 3,325 in an eight-hour working day. Seeing as I spent a good five hours at Makadara Law Courts, the sum total cost of my time was Kshs 16,625 which time and money could have been applied in a more productive sector of the economy. Now imagine that amount replicated hundredfold to account for all the traffic offenders having court cases that day. Insane, I know!

Finally, with regards to streamlining cash flows, it is really quite simple. Get the police officers to carry moneybags padlocked to their waists every morning as they leave their police station base. Ensure that the bags are empty going out and at a minimum, midway full when the police return at the end of their shift. You see with all the crazy traffic in our cities these days and even crazier drivers on national highways, there are bound to be at least 20 offenders on every policeman’s shift generating a minimum of Kshs 100,000 in Republic-vs-Carol- Musyoka-type traffic offences. That’s cash that can be used to fuel patrol vehicles, buy office stationery and pay salaries at each police station. You are most welcome to discuss these items at your next lunch meeting together.

[email protected]
Twitter: @carolmusyoka

Inventions that shook the world

Some of the world’s most notable inventions have been either accidental or created by inventors who have no history or knowledge of that industry. Here are a few illustrative examples.

Potato Crisps: In 1853, George Crum, a chef at an American restaurant, invented potato crisps as he was trying to make a plate of fried potatoes for a customer. The customer sent back his plate of potatoes many times and kept asking for them to be more fried and thinner. Crum lost his temper, sliced the potatoes ridiculously thin and fried them until they were as hard as a rock. To the chef’s surprise, the customer loved them and wanted more!

Penicillin: In 1928, Alexander Fleming was halfway through an experiment with bacteria and decided to go on vacation leaving a dirty petri dish in his laboratory sink. When he returned, he found that bacteria had grown all over the plate except in an area where mold had formed. That discovery led to penicillin.

Saccharin: Constantin Fahlberg, a scientist at John Hopkins University accidentally discovered the artificial sweetener in 1879. After spending the day studying coal tar derivatives, Fahlberg left his laboratory and went to dinner. Something he ate tasted particularly sweet, which he traced to a chemical compound that he had spilled on his hand earlier in the day. It also turned out to be calorie free. Being a cut-throat entrepreneur, he sliced his co-scientist and the University when he secretly patented the breakthrough discovery Saccharin.

Viagra: In 1992 scientists at the pharmaceutical giant Pfizer were working on a drug to treat angina, a coronary heart disease. While testing residents of a Welsh village, the drug had little success against the disease. However the men taking part in the study refused to give up their medicine at the end of the test period. The result was the drug Viagra that was marketed for an altogether different purpose.

Fireworks: During the Chinese Sung dynasty (960-1279) an unknown cook accidentally mixed together charcoal, sulfur and saltpeter which were common kitchen items 2000 years ago. When the mixture was compressed in a bamboo tube, it exploded. Legend doesn’t say whether the cook survived, but I assume he must since the recipe was used several times thereafter.

What do many of the above inventors have in common? Outstanding curiosity followed by remarkable success. And like serial entrepreneurs will attest, if you at first fail, try, try and try again. Tom Peters, the renowned American management guru reminds us that we should punish mediocre success and reward spectacular failure. If we dare, that is. But we dare not in most cases because we have cost-income ratios to manage, headcount limitations and a resounding aversion to spending time “experimenting” on “new fangled ideas” without tangible results.

An apt quote from the book ‘Funky Business Forever’ by Nordstrom and Ridderstrale captures the spirit of many businesses today. “The ‘surplus society’ has a surplus of similar companies employing similar people, with similar educational backgrounds, coming up with similar ideas, producing similar things, with similar prices and similar quality.”

Think about your industry today. Does your organization look exceedingly like that of your competitor? Would you refer to your competitor’s office as the same forest with different monkeys? Are people in the organization afraid to say “I don’t know” because that would be seen as a sign of weakness rather than an invitation to explore, test or scrutinize existing products or policies? Is your organization guilty of regularly raiding the competition to get new hires and periodically losing current employees to the competition? Which ethic, by the way, in and of itself creates the most insane and unhealthy doses of in breeding and tunnel based industry vision.

We draw great comfort from aligning ourselves to the industry we are in. We benchmark ourselves against our peers, happy to have gained acceptance as new entrants into a field of established performers. We sit at the table of men and sip from the cup of perceived prosperity. We become comfortable when our profit margins are maintained above or within the industry average and we do not want to rock the boat and take a different tack in providing customer driven solutions that may hurt our bottom line even if in the short term.

The financial services industry sits well within this school of thought. What was the last earth-shattering product you heard produced by the insurance industry? With 42 banks in the Kenyan market, not more than five have created absolutely new products that have DRAMATICALLY changed the lives of their customers. Which stock broking firm has stood head and shoulders above its peers as the market leader in customer service (forget the numerous industry award ceremonies which are nothing other than over inflated and underwhelming obtuse PR methods- now watch my name disappear from several invitation lists).

M-Pesa and its world acclaimed innovative success was created by a mobile phone company with not a banking cell in its DNA. László Bíró created the ballpoint pen a Hungarian journalist in 1931 with no history of working in the fountain pen industry. Does the DNA of our financial services industries lend itself to trailblazing innovation or to the unimaginative, boring, staid conveyor belt generation of products and services that the majority of the players expose us to? Is there extraordinary gumption that allows for product experimentation, spectacular crashes and institutionalized curiosity?

The Viagra of the financial industry can be found. That accidental experiment that fails to cure one problem but monumentally transforms a completely un-serviced customer need. But it requires brave executives, braver shareholders and most certainly, an internal non-traditional innovator whose voice must be allowed to be heard.

[email protected]
Twitter:@carolmusyoka

Doc, Why do you have your knickers in a twist?

Doctors have their knickers in a twist. The bee in their bonnet, apparently, is that a non-medical professional has been appointed to head the health ministry docket. Frankly speaking, I think it is much ado about nothing, a storm in a teacup really. The reason for using all the English idioms is to protect myself using a discourse of constructive semantics when I next go on my doctor’s visit and get challenged on today’s opinion. In other words, I’m covering my backside for the following attack: There is absolutely nothing wrong with a commercial banker heading the Ministry of Health. Capisce? Let me give you doctors some tidbits about organizations.

Number one: did you know that not a single university in this country (and most likely the world) offers a degree in banking? Yet the world is full of bankers. I worked in the banking industry for ten years and met people with a varied range of degrees from chemical engineering and actuarial science to agricultural economists and dental science. You will note, of course, that there were no rocket scientists. Why? Because banking is NOT rocket science. I [as well as those before and after me] learnt my banking on the job, almost like an articled apprenticeship. You picked the field you wanted to grow in [or you got thrown into the field through no choice of yours] be it operations, sales, credit and risk management, finance, or treasury and you learnt on the job. Years of doing the same job with ever growing scope of responsibility churns out seasoned bankers. The more senior you grew in the organization, the less your technical skills mattered as much as your leadership skills and ability to grasp the key components of across the banking sphere that would enable you to steer the ship to a profitable harbor, maintain regulatory compliance and motivate employees to deliver.

Number two: There are some CEOs of banks who have never even been to university but have steered their organizations through stable profit growth.

Number three: There have been CEOs of hospitals who have never been doctors but got the job done. There have also been CEOs of hospitals who were doctors and just simply didn’t get the job done.

Number four: The medicine [pun fully intended] for an organization that is guzzling money on the intake and churning out poor service, minimal drug distribution and massive corruption is a good dose of management. Not a clinical diagnosis of physical symptoms but an intellectual intervention that will staunch the massive bleeding of cash and drugs. The technical stuff, well, that’s what the Director of Medical Services and all those other civil servants within the Ministry are supposed to do. After all neither the captain of an airplane nor a ship can fix the vessel if the electronics or engine go kaput!

Number five: The great thing about putting in someone who doesn’t know the first thing about the first thing is that he will always say, “I don’t know, please tell me more about this.” In the process he will a) learn more b) interrogate why something has always been done in a certain way and c) go out of his way to learn more so that the “I don’t knows” become far less and the “Why don’t we do it this way” become more. It is also instructive that some organizations have seen the benefit of bringing in people from entirely different industries into management as they dilute the in-breeding culture that hiring from competition can create in terms of a complete cookie-cutter conventional way of thinking across a certain industry. One of my best hires when I was a banker was someone from the Fast Moving Consumer Goods (FMCG) industry. He didn’t have to be told that head office was a zone for checking into once a month and his time was better spent out in the trenches at branches motivating staff, meeting customers and solving problems at the distribution point. It was instinctual for him as that is what FMCG is all about, being on the ground, ensuring your distribution channels are performing swimmingly and minimizing time spent from production [of services such as transactions and loans] to consumption by bank customers.

Number six: The health ministry, like any organization, has a mandate to its customers, the citizens of Kenya. That mandate is to deliver health services within a certain policy framework. It is that policy framework that we must pay close attention to as well as to the persons who both draft it as well as execute it. Are they professionals? Do they know what they are talking about? Can they execute? Can they provide effective monitoring and evaluation? It’s very likely that the answer to all those questions is a resounding yes. They however do not need a doctor to make sure that they are doing their job well. They need a great orchestrator, a formidable choirmaster who can get all the voices to sing in different harmonies but generate a beautiful tune.

Number seven: Finally, health management, like banking is not rocket science. It is about input of management skills to manage financial and human resources that in turn generate an output of great service delivery to the health customers. Whether you’ve managed an airline, a manufacturing business or a not-for-profit organization you are fit and able to steer both people and finances to create a result. If in doubt, refer to point number one.

Execution is the art of getting things done. We need to turn our focus on keeping our government accountable for the effective use of our hard earned tax shillings. The fact that established managers with unassailable track records should give us great comfort that the right people are on the job. Their leadership skills will certainly be put to the test. I wish them well.

[email protected]
Twitter: @carolmusyoka

Benefits of Stupidity

A friend recently forwarded a very interesting article published in the April 17 2013 edition of Fortune Magazine. Megan Hustad’s article titled “The benefits of being stupid at work” examines a few scientific studies that demonstrate how functional stupidity generally helps get things done. One study found that when too many clever individuals in an organization raised their hands to suggest alternative courses of action or to ask “disquieting questions about decisions and structures,” work slowed.

You know the types -you might even be one of them- who likes to make ceaseless suggestions at meetings that generally drag on and ensure the meeting takes a life of its own. The types who want everyone to know that they “think out of the box” when there was really no box in the first place. The ones who want to square the circle and populate every sentence with the words “strategic”, “win-win” and “we need to exercise fiscal restraint” even when talking about last night’s Manchester United game.

The converse, however, is quite edifying. The authors of the scientific study found that stupidity seemed to have a unifying effect and boosted productivity. How so? People content in an atmosphere of functional stupidity came to consensus more easily (look at the members of parliament’s fight for salary increases as a case in point) and with that consensus came greater roll-up-our-sleeves enthusiasm for concentrating on the job (oh well, scratch the members of parliament example). You probably have been in a meeting where some very complex transaction or concept is being introduced. Everyone’s brow is furrowed in studied concentration as they try to understand what is being said, and there is the occasional grunt of acknowledgement or head bobbing to signal a point being understood. But you know deep in your gut that you are not the only one who doesn’t comprehend what’s going on. However, you don’t want to raise your hand and ask a “silly” question because that might make you appear stupid. And we can’t have our colleagues thinking we are stupid can we?

But there is always that one brave person who doesn’t mind appearing dumb and asks the question that is on everyone’s mind – much to everyone’s relief. This brave person will be the one who tends to ask better questions that will generate illuminating answers, which provide clarity and steer the direction of the conversation to a more fruitful conclusion. Megan’s article states that the art of asking “dumb questions” is particularly helpful during negotiations as those questions draw out more information that the opposing party may not have shared otherwise. She also writes, quite wisely I might add, that if you remain quiet, appearing “slow”, the opposing party will become uncomfortable, trying to fill the silence and talk which might reveal details that they maybe should not have.

Don’t try this at work if you are always the bright light at staff meetings. People might think that you are simply suffering from a temporary bout of cat’s-got-your-tongue or write it off as uncharacteristic moodiness both of which will draw unnecessary and unwarranted attention. However you may want to give it a shot at your next company takeover negotiation or marriage counseling session.

In other completely unrelated news, our favorite 2013 whipping boys “The Governors of Kenyan counties” have made some very significant and some very insignificant inroads 30 days into their first 100 days in office. From advertised investor conferences in Machakos county with the promise of 4000 acres for potential investors to alleged job advertisements for county executives pasted on market walls in a western Kenya county. It is (un)fortunate that the tune of the mwananchi will now shift from “Tunaomba Serikali” to the more appropriate “Tunaomba Ofisi ya Gavana” as the country’s focus shifts to devolution of power, devolution of resources and most importantly, devolution of problems!

I am under no illusion that the Governor’s seat is a steppingstone to the highest office in the land, the President. The difference however with this constitutional dispensation is that one has to demonstrate – I imagine – a certain level of success in implementing change, balancing a county budget, curbing insecurity and growing the local economy to the extent that county residents directly get impacted through creation of jobs or markets for their produce. The economic pillar will most likely be the single most important driver of success for the 47 Governors as it directly impacts Wanjiku the voter. But as previous voting patterns have demonstrated, perhaps it is not actual success but the illusion of it that sways voters’ decisions. The winner of the perception of success war will be the one who has the media eating out of his hand. The Mombasa, Machakos and Nairobi Governors respectively have quickly realized this and are leading the pack in the media image war. Watch this space: the next line of personal business for many county governors will be quietly funding “county newspapers” that become their not-so-offical mouthpieces.

In yet some more completely unrelated news, the priest at my church last Sunday, told us this joke as his parting shot:
“A Pastor was standing at the door of the church at the end of the Easter Sunday service, greeting people as they left to go home. A young man stopped and recognizing him the Pastor said, “Young man, I only see you here for Easter and Christmas services. What can I do to convince you to come more often and join the army of the Lord?” The young man looked down, somewhat sheepishly, and then whispered into the Pastor’s ear, “There’s no need really. I am a member of the Lord’s secret service.”

[email protected]
Twitter: @carolmusyoka